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SCHOOL LAWS OF RHODE ISLAND. Uv^eXl^l^ 



ACTS AND AMENDMENTS 



RELATING TO THE 



PUBLIC SC 



OF 



EHODE ISLAND, 



WITH REMARKS, EORMS AND DECISIONS. 



PUBLISHED BY ORDER OF THE GENERAL ASSEMBLY. 




PROVIDENCE: 

A. CRAWFORD GREENE, STATE PRINTER. 

1855. 






\i^ 



^ 



NOTE 

TO THE SECOND EDITION OF THE SCHOOL LAWS. 

The first edition of the remarks and forms was prepared by the 
subscriber, with the aid of his predecessor, in October, 1846. 
They were intended to facilitate the transaction of business by 
districts and school officers, and it is believed that they have 
answered the purpose intended, and been the means of preventing 
much litigation. They are now re-published, with the altera- 
tions necessary to conform them to the new act. 

The new act was passed Thursday, June 19, 1851. It takes 
effect on " the tenth day after the rising of the General Assem- 
bly." The General Assembly rose on Saturday, June 21, 1851. 

E. K POTTER, 
Commissioner of Public Schools. 

Providence, June 23, 1851. 



NOTE 

TO THE THIRD EDITION OF THE SCHOOL, LAWS, WITH AMENDMENTS 
AND DECISIONS. 

OFFICE OF COMMISSIONER OF PUBLIC SCHOOLS, ) 

September 1, 1855. j 

In accordance with the Resolution below, the following has 
been printed, and is submitted to the people of Rhode Island. 
It is hoped the law will be carefully studied, and its wise provi- 
sions strictly complied with. 

ROBT. ALLYN, 
Commissioner, of Public Schools. 



Resolved^ That the Commissioner of Public Schools be, and 
he is hereby authorized to cause one thousand copies of the act 
in relation to Public Schools, to be printed for distribution to 
the several school committees and districts of the State. And he 
is also authorized to cause to be printed and to be bound up 
thereAvith the explanations and forms, prepared to accompany the 
School Law, by the Hon. E. R. Potter, late Commissioner of 
Public Schools, together with the various decisions made by the 
Commissioner of Public Schools, and the approvals of said deci- 
sions made by the Judges of the Supreme Court of the State. 



CONTENTS. 



Page. 

Extracts from Constitution, 7-S 

School Law, 9-32 

Remarks, 33-70 

Forms, , 71-116 

Supplementary Laws, 117-126 

Decisions, 127-132 

Miscellaneous, 133-144 

Circular, 145-146 

Index, , 147-166 



EXTRACTS FROM THE 

CONSTITUTION OF THE STATE. 



AETICLE FIEST. 
Declaration of certain Constitutional Rights and Privileges. 
In order effectually to secure the religious and political free- 
dom established by our venerated ancestors, and to preserve the 
same for our posterity, we do declare that the essential and un- 
questionable rights and privileges hereinafter mentioned, shall be 
established, maintained and preserved, and shall be of paramount 
obligation in all legislative, judicial and executive proceedings. 

-TV ^ ^ -TV TV TV -JV 

Section 3. Whereas, Almighty God hath created the mind 
free ; and all attempts to influence it by temporal punishments or 
burthens, or by civil incapacitations, tend to beget habits of hy- 
pocrisy and meanness; and whereas, a principal object of our 
venerable ancestors, in their migration to this country and their 
settlement of this State, was, as they expressed it, to hold forth a 
lively experiment that a flourishing civil State may stand and be 
best maintained with full liberty in religious concernments : we, 
therefore, declare, that no man shall be compelled to frequent or 
to support any religious worship, place or ministry, whatever, 
except in fulfilment of his own voluntary contract ; nor enforced, 
restrained, molested or burthened in his body or goods ; nor dis- 
qualified from holding any office ; nor otherwise suffer on account 
of his religious belief ; and that every man shall be free to wor- 
ship God according to the dictates of his own conscience, and to 
profess, and by argument to maintain, his opinion in matters of 
religion ; and that the same shall in no wise diminish, enlarge or 
affect his civil capacity. 



8 EXTRACTS FROM THE CONSTITUTION. 

ARTICLE TWELFTH. 
Of Education. 

Section 1. The diffusion of knowledge, as well as of virtue, 
among the people, being essential to the preservation of their 
rights and liberties, it shall be the dutj of the General Assembly 
to promote Public Schools, and to adopt all means which they 
may deem necessary and proper to secure to the people the ad- 
vantages and opportunities of education. 

Sec. 2. The money which now is, or which may hereafter be 
appropriated by law for the establishment of a permanent fund 
for the support of Public Schools, shall be securely invested, and 
remain a perpetual fund for that purpose. 

Sec. 3. All donations for the support of Public Schools, or for 
other purposes of education, which may be received by the 
General Assembly, shall be applied according to the terms pre- 
scribed by the donors. 

Sec. 4. The General Assembly shall make all necessary pro- 
visions by law for carrying this article into effect. They shall 
not divert said money or fund from the aforesaid uses, nor bor- 
row, appropriate, or use the same, or any part thereof, for any 
other purpose, under any pretence whatsoever. 



State of fxljobc Islaiib aiii) IJrDbiktrtt plantations. 



M ACT 



TO REVISE AND AMEND THE LAWS REGULATING PUBLIC 

SCHOOLS. 

_PA8SED JUNE SESSION, A. D. 1851. 

It is enacted by llie General Assembly as follows: 

Commissioner of Public Schools. 

Section 1. For the uniform and efficient administration of this 
act, and the supervision and improvement of such schools as may be 
supported in any manner out of the General Treasury, the Gover- 
nor, by and with the advice and consent of the Senate, shall annu- 
ally at the annual general election, appoint an officer to be called 
the Commissioner of Public Schools. In case of sickness, tempo- 
rary absence or other disability, the Governor may appoint a per- 
son to act as Commissioner during such absence, sickness or dis- 
ability. 

Appropriation for PuMic Schools. 

Sec. 2. The sum of thirty-five thousand dollars shall annually 
be paid out of the income of the school fund, deposit of surplus rev- 
enue, and other money in the General Treasury for the support 
of public schools in the several towns, upon the order of the Com- 
missioner.* He shall annually in May, apportion said sum among 
the several towns, in proportion to the number of children under 
the age of fifteen years, according to the then United States census, 
and shall draw orders on the General Treasurer for their propor- 
tion, in favor of all such towns as shall comply with the terms of 
this act, on or before the first day of July annually. 

Duties of the Commissioiier. 
Sec. 3. The Commissioner shall visit as often and as far as prac- 

* See Amendments. 



10 f ■ AX ACT RELATING 

ticable, every school district in the State, for the purpose of in- 
specting the schools, and diffusing as widely as possible, by public 
addresses and personal communications with school officers, teach- 
ers and parents, a knowledge of the defects and desirable improve- 
ments in the administration of the system and the government ancf 
instruction of the schools : and shall recommend the best text 
books, and secure as far as practicable, a uniformity in the schools 
of every town at least ; and shall assist in the establishment of, 
and selection of books for, school libraries. 

Sec. 4. He shall prescribe from time to time suitable forms and 
regulations for carrying this act into effect, and for making all re- 
ports. He shall hear and decide all appeals and may remit all fines, 
penalties and forfeitures incurred by any town, district or person, 
under this act. 

Coimty Inspectors. 

He may appoint County Inspectors, to examine teachers, and 
visit and report the state of the schools, whose office shall expire 
on the first Tuesday in May, annually, unless sooner removed, 
and who shall not be entitled to any compensation from the State 
Treasury : 

Commissione7'^s Report. 

And he shall, annually, at the January term of the October 
session, make a report to the General Assembly upon the state 
and condition of the schools and of education, with plans and 
suggestions for their improvement. 

Duties and Power's of Toivns. 

Sec. 5. Towns may establish and maintain, (without forming 
districts,) a sufficient number of public schools, of different grades, 
at convenient locations, under the entire management of the 
School Committee, or they may vote, at a meeting notified for 
that purpose, to provide school houses, with the necessary fixtures 
and appendages, in all the districts, (if there be districts,) at the 
common expense of the town : . Provided, that in the latter case, 
if any district shall provide, at their own expense, as chool house 
approved by the School Commitee, such district shall not be liable 



TO PUBLIC SCHOOLS. 11. 

to be taxed by the to^v'ii to furnish or repair school houses for the 
other districts. 

District Libraries. 
They may raise by tax, all sums of money they may deem ne- 
cessary for the support of public schools, or for establishing and 
maintaining a public school library ; said library, when estab- 
lished, to be controlled and regulated from time to time by the 
School Committee of the town. 

Conditions which the Town must conform to. 
Sec. 6. No town shall receive any part of the State appropria- 
tion, unless they shall raise by tax for the support of public schools, 
a sum equal to one third of their proportion of the sum of twenty- 
five thousand dollars apportioned to them from the State Treasu- 
ry, which sum so raised shall be appropriated and paid by the 
Town Treasurer, as required by this act. And if any town shall 
refuse to raise or appropriate the sum hereby required, on or be- 
fore the first of July in any year, their proportion of the public 
money shall be forfeited, and the General Treasurer on being of- 
ficially informed thereof by the Commissioner of Public Schools, 
shall invest the amount in stocks, to be added to the Permanent 
School Fund. 

Town SujJerintendents. 
Sec. 7. Any town may appoint, or may authorize its School Com- 
mittee to appoint, a Superintendent of the schools of the town, to 
perform, under the advice and direction of the Committee, such 
duties and exercise such powers, as the Committee may assign to 
him,* and to receive such compensation out of the treasury as the 
town may vote. 

School Committee. 
Sec. 8. Each town shall, at its annual town meeting for choice 
of town officers, choose a School Committee, to consist of not less 
than three residents of said town, to serve without compensation, 
unless voted by the town out of the Town Treasury. 

Powers and Duties of School Committees. 
. Sec. 9. The School Committee of each town shall have power, 
and it shall be their duty 

* See Decisions. 



12 AN ACT RELATING 

Sec 10. To choose a Chairman and Clerk, either of whom may 
sign any orders or official papers. 

Quarterly Meetings of Committee. 
Sec. 11. To hold at least four stated meetings, viz. on the 
second Mondays of January, April, July and October, in every 
year, and as much oftener as the state of the schools requires. A 
majority of the number elected shall constitute a quorum, unless 
the committee consist of more than six, when four shall be a quo- 
rum, but any less number may adjourn. 

Formation of Districts. 
Sec. 12. To form, alter and discontinue school districts, and to 
settle their boundaries when undefined or disputed ; Provided^ 
that no new district shall be formed with less than forty children 
between the ages of four and sixteen, unless with the approbation 
of the Commissioner of Public Schools, and further, that where a 
town is not now divided into districts, it shall not be done with- 
out the direction of the town. All existing districts shall continue 
until legally altered. 

Location of School Houses. 
Sec. 13. To locate all school houses, and not to abandon or 
change the site of any without good cause; and in case the School 
Committee shall fix upon a location for a school house in any dis- 
trict, and the district shall have passed a vote to erect a school 
house, or where there is no district organization and the Commit- 
tee shall fix upon a location for a school house, and the proprie- 
tor of the land shall refuse to convey the same, or cannot agree 
with the district for the price thereof, the School Committee of 
their own motion, or upon application of the district, shall be 
authorized to appoint three disinterested persons, who shall notify 
the parties and decide upon the valuation of the land ; and upon 
the tender or payment of the sum so fixed upon to the proprietor, 
the title to the land so fixed upon by the School Committee, not ex- 
ceeding one quarter of an acre, shall vest in the district, for the 
purpose of maintaining a school house and the necessary append- 
ages thereon : Provided, however, that an appeal shall be allowed 
to the Court of Common Pleas in such cases, in the same manner 



TO PUBLIC SCHOOLS. 13 

and witli the same effect as is provided by law in case of laying- 
out highways. 

Examination of Teachers. 
Sec. 14. To examine by themselves, or by some one or more 
persons, by them appointed, all applicants for the situation of 
teachers in the Public Schools of the town, and to annul the certifi- 
cates of such as prove unqualified or will not conform to the reg- 
ulations of the Committee. 

Visitation of Schools. 
Sec. 15. To visit by one or more of their number, every Pub- 
lic School in town, at least twice during each term; once within 
two weeks of its opening, and once within two weeks of its close, 
at which visits they shall examine the register and other matters 
touching the school house, library, studies, books, discipline, 
modes of teaching and improvement of the schools. Or the Com- 
mittee may employ some person of, or not of, their number to per- 
form this duty and to receive such compensation as they may al- 
low, out of the money raised by the town, or, as the town may 
allow, out of the Town Treasury. 

Rules and Regulations. 
Sec. 16. To make and cause to be put up in each school house 
or furnished to each teacher, a general system of rules and regu- 
lations for the admission and attendance of pupils, the classifica- 
tion, studies, books, discipline and methods of instruction in the 
Public Schools. 

Suspejisio?i of Scholars. 
Sec. 17. To suspend during pleasure or expel during the 
school term, all pupils found guilty of incorrigibly bad conduct, 
or violation of the school regulations, and re-admit them on sat- 
isfactory evidence of amendment. m 

Mode of Filling Vacancies. 

Sec. 18. To fill any vacancy in the Committee occasioned by 
death, declining or refusing to serve, resignation, removal from 
office, or from the town, or otherwise. 



14 AN ACT RELATING 

Toivns not Districted. 
Sec. 19. Where a town is not divided into districts, or shall 
vote, in a meeting duly notified for that purpose to provide schools 
without reference to such division, the Committee shall manage 
and regulate said schools, and draw all orders for the payment of 
their expenses. 

Teachers^ Money. 

Sec. 20. When the Public Schools are maintained by district 
organization, they shall apportion, as early as practicable in each 
year, among the districts, the money received from the State, one 
half equally, and the other half according to the average daily at- 
tendance of the schools of the preceding year. Said money re- 
ceived from the State shall be denominated " Teachers' money," 
and shall be applied to the wages of teachers, and to no other pur- 
pose whatever. They shall apportion the money received from 
the town, from the registry tax, from funds or other grants, either 
equally or in such proportion as the town may direct, and for 
want of such direction, then in such manner as they may deem 
best. 

Orders on the Town Treasurer. 

Sec. 21. They shall draw an order on the Town Treasurer, in 
favor of such districts only as shall have made a return to them, 
in manner and form prescribed by them, or by the Commissioners 
of Public Schools, or as may be required by law, from which it 
shall appear that, for the year ending on the first of May previous, 
one or more Public Schools have been kept for at least four 
months, by a qualified teacher,* in a school house approved by the 
Committee or Commissioner, and that the money designated, 
"Teachers' money," received the year previous, has been applied 
to the wages of teachers, and for no other purpose. Such orders 
may be made payable to the Trustees or their order, or to the 
district Treasurer, or teacher, and if the Treasurer receives the 
money, he shall pay it out to the order of the Trustees. Provid- 
ed^ however, that the Committee shall not be obliged to give any 
order, until they are satisfied that the services have actually been 

* See Decisions. 



TO TUBIIC SCHOOLS. 15 

performe'd for which the money is to be paid; und provided fur- 
ther^ that at the end of the school year, any money appropriated 
to any district which shall be forfeited (and the forfeiture not re- 
mitted,) or which shall remain unexpended, may be divided by the 
committee among the districts the following year. 

School Committee' s Report. 
Sec. 22. They shall prepare and submit annually — first, a re- 
port to the Commissioner of Public Schools on or before the first 
day of July in manner and form by him prescribed — secondly, 
a written or printed report to the town at the annual town 
meeting when the school committee is chosen, setting forth their 
doings, the state and condition of the schools, and plans for their 
improvement, which report (unless printed,) shall be read in open 
town meeting.* And the Committee may reserve annually, out of 
the public appropriation a sum not exceeding twenty dollars, to 
defray the expense of printing their report. 

Town Tj'easurer. 
Sec. 23. The Town Treasurer shall receive the money due 
from the State Treasury, and shall keep a separate account of all 
money appropriated by the State or town or otherwise for Public 
Schools, and shall pay the same to the order of the School Com- 
mittee. He shall within one week after the town meeting at which 
the Committee are elected, submit to them a statement of all 
moneys in his hands, belonging to Schools, specifying the sources 
whence derived, and to what districts, if any, belonging. 

Toitm Cleric. 

Sec. 24. The Town Clerk shall record the boundaries of 
school districts and all alterations thereof, in a book to be kept 
for that purpose, and shall distribute such school documents and 
blanks as may be sent to him, to the persons for whom they are 
intended. 

District Meetings. 
..Sec. 25. Notice of the time, place and object of holding the 
first meeting of a district for organization, or for a meeting to 

*3ee Amendmeixts. 



16 AK ACT RELATING- 

choose officers or transact other business, in case there be no Trus- 
tees authorized to call a meeting, shall be given bj the School 
Committee of the town, at any time they may deem proper. 

Annual Meeting, 
Sec. 26. Every school district when organize'd shall hold an 
annual meeting in the month of April or May of each year, for 
choice of officers and transaction of any other business relating to 
schools. 

Special Meetings. 

Sec. 27. The Trustees may call a special meeting for election 
or other business at any time, and shall call one to be held within 
seven days, on the written request of any five qualified voters, 
stating the object for which they wish it called ; and if the Trus- 
tees neglect or refuse to call a special meeting when requested, 
the School Committee may call it, and fix the time therefor. 

Place of Meeting. 
Sec. 28. District meetings shall be held at the school house 
unless otherwise ordered by the district. If there be no school 
house or place appointed by the district, the Trustees, or if there 
be no Trustees, the School Committee, shall determine the place, 
which shall always be within the district. 

Notice of Meeting. 

Sec. 29. Notice of the time and place of every annual meet- 
ing, and of the time, place and object of every special meeting, 
shall be given for five days inclusive before holding the same.* 

Sec. 30. The Trustees &hall give notice of a district meeting, 
either by publishing the same in a newspaper published in the 
district, or by putting the notice on the district school house, or 
on a sign post within the district, or if there be no newspaper, 
school house or sign post, then in such manner as the School 
Committee may direct ; Provided, however, that the district may, 
from time to time, prescibe the mode of notifying meetings, and 
the Trustees shall conform thereto. When the meeting is called 
by the School Committee, they shall direct when and hoAV the 

* See Decisions. 



TO PUBLIC SCHOOLS. IT 

notice shall be given. If, in any case appealed to the Commis- 
sioner, he shall be satisfied that full and actual notice has been 
given and that no injustice will be done thereby, he may waive 
the compliance with the strict requirements of this section. 

Organization of Meetings. 
Sec. 31. Every district meeting may appoint a Moderator and 
adjourn from time to time. ' 

Qualifications of Voters. 
Sec. 32. Every person residing in the district may vote in 
district meetings to the same extent and with the same restric- 
tions as he would at the time be qualified to vote in town meet- 
ing :* Provided that no person shall vote upon any question of 
taxation of property or expending money thereby, unless he shall 
have paid, or be liable to pay, a portion of the tax. And the 
clerk shall record the number and names of the persons voting, 
and on which side of the question, at the request of any qualified 
voter. 

Powers of Districts. 

Sec. 33. Every school district shall be a body corporate, and 
shall be known by its number or other suitable or ordinary de- 
signation, and shall have power 

Sec. 34. To prosecute and defend in all actions, to pur- 
chase, receive, hold and convey any real or personal property 
for school purposes, and to establish and maintain a school li- 
brary ; 

Sec. 35. To build, purchase, hire and/epair school houses, 
and supply the same with blackboards, maps, furniture and other 
necesessary and useful appendages, and to insure the house and 
appendages against damage by fire : Provided that the erection 
and repairs of the school house be made according to the plans 
approved by the School Committee or Commissioner of Public 
Schools ; 

Sec. 36. To raise money, by tax on the ratable property of 
the district, to support schools and to carry out the powers given 

* See Decisions. 



18 AN ACT RELATINa 

them by this act ; Provided that the amount of the tax shall be 
approved bj the School Committee of the town. All such taxes 
shall be collected by the district or town collector in the same 
manner as town taxes are collected. 

Officers of Districts. 

Sec. 37. To elect a Clerk, either one or three Trustees as 
they may decide, a Treasurer and Collector, and to fill vacancies 
in eitlier of said offices arising from death, declining or refusing 
to serve, resignation, removal from office or from the district, or 
otherwise, and if an election of any of said officers be not made 
at the time prescribed for the annual meeting, it may be done at 
a,ny legally notified meeting afterward. The Clerk, Collector 
and Treasurer shall have the same power and perform the same 
duties as the Clerk, Collector and Treasurer of a town. But the 
Collector and Treasurer need not give bond, unless required by 
the district, and any district may vote to place the collection of 
any district tax or rate bill in the hands of the collector of town 
taxes, who shall thereupon, without any ne\v bond or engagement, 
be fully authorized to proceed and collect the same. 

Neg;lect to Orvcniize. 
Sec. 38. If any School district shall neglect to organize, or if 
organized shall, for the space of six months, neglect to establish a 
school and employ a teacher, the School Committee of the town, 
may themselves, or by an agent, establish a school in the district 
school house or elsewhere in their discretion, and employ a teach- 
er. And any district may, with the consent of the Committee, 
devolve all the powers *and duties relating to public schools in the 
district on the Committee. 

Powers and Duties of Trustees. 

Sec. 39. The Trustees of school districts are authorized, and 
it shall be their duty 

Sec. 40. To have the custody of the school house and other 
district property ; to employ one or more qualified^teachers for 
every fifty scholars in average daily attendance, provide school 
rooms and fuel, to visit the schools twice at least during each term 



TO PUBLIC SCHOOLS. 19 

and notify the Conimitee or Superintendent of tlie time of open- 
ing and closing the school ; 

School Boohg. 

Sec. 41. To see that the scholars are properly supplied with 
books, and in case they are not, and the parents, guardians or 
masters have been notified thereof by the teacher, to provide the 
same at the expense of the district, and add the same to the next 
rate bill of such person ; 

Tax Bill and Rate Bills. 

Sec. 42. To make out the tax bill and rate bills for tuition 
against the persons liable to pay the same, and to deliver the 
same to the collector, with a warrant by them signed, annexed 
thereto, requiring him to collect and pay over the same to the 
Treasurer of the district ; 

Trustees' Retnrns. 

Sec. 43. To make returns to the School Committee in manner 
and form prescribed by them or by the Commissioner of Public 
Schools, or as may be required by law, and perform all other law- 
ful acts required of them by the district, or necessary to carry in- 
to full effect the powers and duties of districts. 
Comiiensation. 

Sec. 44. Trustees shall receive no compensation for services 
out of the money received from either the State or town appropri- 
ations, nor in any way, unless raised by tax by the district. 

Levying Taxes. 
Sec. 45. District taxes shall be levied on the ratable property 
of the district according to its value in the town assessment then 
last made, unless the district shall direct it to be levied upon the 
next town assessment. And no notice shall be required to be 
given by the Trustees. But whenever any real estate in the dis- 
trict is assessed in the town tax bill with real estate out of the 
district, so that there is no distinct or separate value upon it, or 
in case of any person removing into the district possessing person- 
al property, or in case, from death or sale of property, a division 
and apportionment be necessary, or upon application of the party 
interested in case of investment of personal property in 
real estate, or in case of property omitted in the town 



20 AN ACT RELATING 

valuation, the Trustees, if they cannot agree with the par- 
ties interested, shall call upon one or more of the town assessors 
not interested and not resijling in the district, who shall assess 
the value of the estate so situated : and the assessors shall give 
notice bj putting up notices for ten days in three most public 
places in or near the district. And after notice is given as afore- 
said, no person neglecting to appear before the assessor or asses- 
sors shall have any remedy for being overtaxed. 

Refusal to Assess a Tax. 
Sec. 46. If a district tax shall be voted, assessed, approved of, 
and a contract legally entered into under it, or such contract be 
legally entered into without such vote, assessment or approval, 
and said district shall thereafter neglect or refuse to proceed and 
collect a tax, the Commissioner of Public Schools, after notice and 
hearing the parties, may appoint assessors to assess a tax, and is- 
sue a warrant to the collector of the district, or to a collector by 
him appointed, authorizing and requiring him to proceed and col- 
lect said tax. 

Correction of Errors. 
Sec. 47. Errors in assessing a tax may be corrected, or the 
tax re-assessed in such manner as may be directed or approved by 
the Commissioner of Public Schools. 

Ahatemeyit of Tax. 

Sec, 48. When any person having paid a tax for building or 
repairing a school house in one district, shall by alteration of boun- 
daries of districts, become liable to pay a tax in any other district 
such abatement may be made therein, (if such person cannot agree 
with the district) as the School Committee, (or in case of a dis- 
trict composed from different toAvns, the School Commissioner) 
may under the circumstances, deem just and proper, 

A'pportionmcnt of Projjcrty. 
Sec. 49. When any two or more districts shall be consolidat- 
ed into one, the new district shall own all the corporate property 
of the several districts ; and when a district is divided and a por- 
tion taken from it, the funds and property, or the income and pro- 



TO PUBLIC SCHOOLS. 21 

ceeds thereof, shall be divided among the several parts in such man- 
ner as the School Committee of the town or towns to which the dis- 
trict belongs may determine : And when a part of one district is 
added to another district, or part of a district owning a school house 
or other property, such part shall pay to the district, or part of a dis- 
trict to which it is added, (if demanded,) such sum as the School 
Committee may determine. 

Joint Districts. 
Sec. 50. Any two or Aiore adjoining primary school districts 
in the same or adjoining towns may, by a concurrent vote, agree 
to establish a secondary or grammar school, for the older and 
more advanced children of such districts. Such associating dis- 
tricts shall constitute a school district for all the purposes of pro- 
viding a school house, fuel, furniture and apparatus, and for the 
election of a Board of Trustees, to consist of one member from 
each associating district, and for the laying of a tax for school 
purposes, and fixing rates of tuition, with all the rights and pri- 
vileges of a school district, so far as the secondary school is con- 
cerned. The time and place for the meeting for organization of 
such secondary district, may be fixed by the School Committee, 
and any one or more of the associating districts may delegate to 
the trustees of the secondary district the care and management of 
its primary school. The School Committee of the town or towns 
in which such secondary school shall be established, shall draw 
an order in favor of the trustees of said school, to be paid out of 
the public money appropriated to each district interested in said 
secondary school, in proportion to the number of scholars from 
each. 

Consolidated Districts. 

Sec. 51. Any two or more adjoining school districts in the 
same town may, by concurrent vote, with the approbation of the 
School Committee, unite together and be consolidated into one 
district, for the purpose of supporting public schools, and such 
consolidated district shall have all the powers of a single district, 
but shall be entitled to receive the same proportion of public 
money the districts would receive if not united. The mode of 



22 AN ACT RELATING 

organizing such districts and calling the first meetings thereof 
shall be regulated or prescribed by the School Committee. 

Joint Districts in separate Towns. 
Sec. 52. Two or more contiguous districts, or parts of dis- 
tricts in adjoining towns, may be formed into a joint school district 
by the School Committees of such towns concurring therein, and 
all joint districts heretofore or hereafter formed may by them be 
altered or discontinued. The meeting for organization shall be 
called by notice signed by the School Committees of such towns, 
and set up in one or more places in each district, or part of a 
district. Such district shall have all the powers of a single 
school district, and be regulated in the same manner, and shall 
be subject to the supervision and management of^the School 
Committee of the town in which the school is located, A whole 
district making a portion of such joint district shall be entitled 
to its portion of public money in the same manner as if it re- 
mained a single district ; and when part of a district is taken to 
form a portion of such joint district, the School Committee shall 
assio-n to it its reasonable proportion. When a joint district shall 
vote to build or repair a school house by tax, the amount of the 
tax and the plan and specifications of the building and repairs 
shall be approved by the School Committees of the several towns 
or by the Commissioner of Public Schools. And in case of 
assessing a tax by a joint or secondary district, if the town assess- 
ments be made upon difierent principles, or the relative value be 
not the same, the relative value and proportion shall be ascer- 
tained by one or more persons, to be appointed by the Commis- 
sioner of Public Schools, and the assessment shall be made 
accordingly. 

Scholars from other Districts. 

Sec. 53. The School Committee of any town, or trustees of 
any school district, may make arrangements with the School 
Committee of any adjacent town, or trustees of any adjacent dis- 
trict, for the attendance of such children as will be better accom- 
modated in the public schools of such adjacent town or district, 
and may pay such portion of the expense as may be just and 
proper. 



TO PUBLIC SCHOOLS. 23 

Teacliers' Certificates. 
Sec. 54. No person shall be employed in any town to teaclias 
principal or assistant in any school supported entirely or in part 
by the public money, unless he has a certificate of qualification, 
signed either by the School Committee of the town, or by some 
per?on or persons appointed by said committee, which shall be 
valid within said town for one year, unless annulled ; or by an 
Inspector of the county, which shall express a higher degree of at- 
tainment and be valid within the county for two years, and if 
countersigned by the Commissioner of Public Schools, within the 
State for three years, unless annulled. 

Qualifications of Teachers. 

Sec. 55. Neither of the above authorities shall sign any cer- 
tificate of qualification unless the person named in the same shall 
produce evidence of good moral character, and be found on exam- 
ination or by experience, qualified to teach the English language, 
arithmetic, penmanship, and the rudiments of geography and 
history, and to govern a school. 

Dismissal of Teachers. 

Sec. 56. The School Committee of any town may dismiss any 
teacher, by whomsoever examined, who shall refuse to conform 
to the regulations by them made, or for other just cause, and 
in such case shall give immediate notice to the Trustees of the 
district. 

Duties of Teach&rs. 

Sec. 57. Every teacher in any public school shall keep a reg- 
ister of all the scholars attending said school, their ages, names 
of parents or guardians, the time when each scholar enters and 
leaves the school, the daily attendance, together with the days of 
the month on which the school is visited by any of the authori- 
ties named in this act, and shall prepare the district's return to 
the School Committee of the town, if requested to do so by the 
Trustee. 

Teachers' Institutes. 

Sec. 58. There shall annually be paid out of the General 



24 AN ACT RELATING 

Treasury, to the order of the Commissioner of Public Schools, a 
sum not exceeding three hundred dollars, for defraying the ex- 
pense of holding Teachers' or Normal Institutes, and the Com- 
missioner shall file in the General Treasurer's office an account 
of the disbursement of said sum. 

Of Rate Bills for Tuition, 
Sec. 59. Any school district may fix, or authorize its Trustees 
to fix, a rate of tuition to be paid by the person attending school, 
or by their parents, employers or guardians, toward the expense 
of fuel, books and other expenses (including estimated deficien- 
cies of payments) over and above the money received from the 
town and State appropriations ; and where there is no district 
organization, the School Committee may fix the rate ; and the 
district, trustees or committee, shall exempt therefrom all persons 
whom they shall consider unable to pay the same. Provided^ 
that the trustees may prescribe and collect a rate in their discre- 
tion sufiicient to keep the school for the four months required by 
law without any vote of the district ; and Provided^ also, that 
the rate of tuition shall not exceed one dollar per scholar for any 
term of eleven weeks, except in towns or districts where different 
grades of schools are established, when the rate for the higher 
grades may be not exceeding two dollars per scholar for the same 
time : And Provided further^ that the amount of the rate be ap- 
proved by the School Committee of the town. All such rate 
bills may be required to be paid in aqlvance, or may be delivered 
to the town or district collector, and may be by them collected in 
the same manner as town taxes are collected. 

No Scholar can he Excluded. 
Sec. 60. No person shall be excluded from any public schools 
in the district to which such person belongs, if the town is divided 
into districts, or if not so divided, from the nearest public school, 
on account of being over fifteen years of age, nor except by force 
of some general regulation applicable to all persons under the 
same circumstances, and in no case on account of the inability of 
himself, his parents, guardian or employer, to pay any rate bill, 
tax or assessment whatever. 



TO PUBLIC SCHOOLS. "^5 

Non- Collection of Taxes. 
Sec. '61. Any person committed to jail by the town or district 
collector, either for a tax or for a rate bill for tuition or assess- 
ments, shall be entitled to the benefit of "An Act for the relief 
of poor persons imprisoned for debt," in the same manner as if 
committed for town taxes. And any person assessed in any rate 
bill as aforesaid, may, before commitment, apply to any justice of 
the peace in the town, for a citation to the committee, trustee or 
trustees, to appear at a time and place named within said district, 
and show cause why he should not be admitted to take the oath 
prescribed in said act : said citation shall be served by any officer 
or disinterested person, three days before the time appointed, upon 
the chairman or clerk of the committee, or trustee, (or upon any 
one of them, if more than one) and the applicant shall be heard 
before the justice signing the citation, and may by him be admit- 
ted to take the oath aforesaid ; and a certificate thereof, signed by 
him, shall be a full protection to the applicant against any further 
proceeding for collecting said rate. And the service of the cita- 
tion aforesaid shall suspend such proceedings for at least ten days, 
unless the case be sooner heard and disposed of. 

Engagements. 

Sec. 62, All school ofiicers appointed under this act, (except 
the moderator of a district meeting,) shall take an engagement to 
support the Constitution of the United States, the Constitution 
and laws of this State, and faithfully to discharge the duties of 
their several offices, so long as they continue -therein, before some 
judge, senator, justice or warden, notary, town clerk, member of 
the town council, or chairman or clerk of the School Committee. 
The clerk of the district may take the engagement in open dis^ 
trict meeting, before the moderator, or any magistrate present, 
and the clerk's record that any district officer has been duly en- 
gaged, shall be jonma/acie evidence thereof. And all district 
school officers may be engaged by the clerk of the district. 

Penalties. 
If any school officer shall not 'take such engagement within a 
reasonable time, he shall be liable to a penalty of one dollar, to be 



26 AF ACT RELATING 

recovered on complaint before any. justice of the peace, to the 
use of the State : but all acts of such officers, otherwise law- 
ful, shall be valid from the time of their election or appoint- 
ment. 

Teimre of Office. 

Sec. 63. All officers under the school law shall, without a new 
engagement, hold their offices until the time of the next annual 
election or appointment for such office, and until other persons are 
appointed in their places. 

Penalties. 

Sec. 64. Any officer who shall make any false certificate, or 
appropriate any public school money to any purpose not author- 
ized by law, or who shall refuse, for a reasonable charge, to give 
certified copies of any official paper, to account or deliver to his 
successor any accounts, papers or money in his hands, or shall 
wilfully or knowingly refuse to perform any duty of his office, or 
violate any provisions of any acts existing or hereafter passed, 
regulating public schools, except where a particular penalty may 
be prescribed, may be idicted therefor, and on conviction fined 
not exceeding five hundred dollars, or imprisoned not exceeding 
six months, and shall beside be liable to suit for damages by any 
person injured thereby. Any person refusing to account or to 
deliver over any accounts, papers, or moneys to his successor in 
office, shall also be liable to a suit therefor, to be brought by such 
successor. 

Apyeals and Legal Proceed'mgs. 

Sec. 65. Any person conceiving himself aggrieved in con- 
sequence of any decision or doings of any School Commit- 
tee, district meeting, trustees, county inspector, or in any 
other matter arising under this act, may appeal to the Com- 
missioner of Public Schools, who is hereby authorized and 
required to examine and decide the same without cost to 
the parties ; and his decision shall be final ; Provided, that 
the Commissioner may, (and if requested on the hearing by 
either party, shall,) lay a statement of the facts of the case 
before some one of the Judges of the Supreme Court, whose 
approval of such decision shall then be final. 



TO PUBLIC SCHOOLS. 27 

Rules for hearing Appeals. 
And the Commissioner may prescribe, from time to time, 
rules regulating the time and manner of making such appeals, 
and to prevent their being made for trifling and frivolous pre- 
tences. And any persons having any matter of dispute be- 
tween them arising under this act, may agree in writing to 
submit the same to the adjudication of said Commissioner, 
and his decision therein shall be final. 

Decisions to he Final. 

Sec. 66. If no appeal be taken from a vote of a district 
relating to the ordering of a tax or rate bill, or from the 
proceedings of the officers of the district in assessing the 
same ; or if on appeal, such proceedings are confirmed, 
the same shall not again be questioned before any Court of 
law or magistrate whatever : Provided, that this shall not 
be construed to dispense with legal notice of the meeting, 
or with the votes or proceedings being approved by the 
School Committee or Commissioner, whenever the same is 
required by law. 

Costs not to he Taxed. 
Sec. 67. In any civil suit before any Court, against any 
school officer, for any matter which might by this act have ■ 
been heard and decided by the Commissioner of Public 
Schools, no cost shall be taxed for the PlaintiflT, if the Court 
are of opinion that such officer acted in good faith. 

Who may answer for a District. 

Sec. 68^ Any inhabitant of a district, or person liable to 
pay taxes therein, may be allowed by any Court to answer 
a suit brought against the district, on giving security for 
costs, in such manner as the Court may direct. 

School Houses exempt from Attachment. 
Sec. 69. The school house lot, with the school house and 
appendages, shall be exempt from attachment or sale on ex- 
ecution in any suit against the district. 



:28 AN ACT RELATING 

Mode of Recovering Judgment against a District. 
When judgment has been, or shall be, recovered in any 
Court of record against any school district, the Court render- 
ing judgment shall order a warrant to be issued, (if no appeal 
be taken,) to the assessor of taxes of the town, (or in case of a 
joint district, composed of parts of towns, then to one or more 
of the assessors of each town, with or without designating 
them,) in which such district is situated, requiring them to 
assess upon the ratable property in said district a tax suffi- 
cient to pay the debt or damages, cost, interest and a sum in 
the discretion of the Court sufficient to defray the expenses 
of assessment and collection. Said assessors shall, without a 
new engagement, proceed to assess the same, giving notice 
as in case of other district taxes. Said warrant shall also 
contain a direction to the collector of the town, (or in case 
of a joint district, then to the collector of either town the 
Court may direct,) requiring him to collect said tax : and 
said warrant, with the assessment annexed thereto, shall be a 
sufficient authority for the collector, without a special en- 
gagement, to proceed and collect the same, with the same 
power as in case of a town tax ; and when collected, he 
shall pay over the same to the parties to whom it may be- 
long, and the surplus if any, to the district. And the Court 
may require a bond of the collector in their discretion. 

Mode of serving Writs on Districts. 

Sec. 70. When any writ, summons or other process shall 
issue against any school district in any civil suit, the sam>e 
may be served on the Treasurer or Clerk, and if there are no 
such officers to be found, the officer charged with the same 
may post up a certified copy thereof on the door of the 
school house, and if there is no school house, then in some 
most public place in the district, and the same when prov- 
ed to the satisfaction of the Court, shall constitute a suffi- 
cient service thereof. 

Witnesses. 

Sec. 71. Inhabitants of school districts, or persons pay- 



TO PUBLIC SCHOOLS. 29 

ing taxes therein, shall be competent witnesses in all civil 
and criminal cases, notwithstanding such interest, if not 
otherwise disqualified. 

Clerk's Records. 
Sec. 72. The record of a Clerk of a district, that a meet- 
ing has been duly or legally notified, shall he 'prima facie 
evidence that it has been notified as the law requires. The 
Clerk shall procure at the expense of the district, a suitable 
bound book for keeping the record therein. 

Appropriation for Deaf, Blind and Idiotic. 
Sec. 73. The sum of two thousand five hundred dollars is 
hereby annually appropriated for the education of the indi- 
gent deaf mutes, indigent blind and indigent idiots of this 
State. Said sum shall be paid out of the General Treasury 
to the order of the Commissioner of Public Schools, who 
shall have full authority to determine which of said persons 
in this State shall be admitted to the benefit thereof, and 
the portion which each shall receive, and the institutions 
at which the beneficiaries of this State shall be educated ; 
Provided, that no one person shall receive any portion there- 
of for more than five years, nor a greater sum in any one 
year than one hundred dollars. 

Appropriation for Indian School. 
Sec. 74. The Greneral Treasurer shall pay to the Treasur- 
er of the Town of Charlestown the sum of one hundred 
dollars annually, to be expended under the direction of some 
person or persons to be annually appointed by the Govern- 
or, in support of a school for the members of the Narra- 
gansett tribe of Indians, and for the purchase of books, and 
other incidental expenses thereof ; and an account of the 
expenditure of said money and of the condition of the school 
shall be transmitted to the Commissioner of Public Schools 
on or before the first Tuesday of May, annually ; and in the 
apportionment of the public money by the Commissioner, 
and by the School Committee of Charlestown, the Narragan- 



80 AN ACT RELATING 

sett Indians shall not be included. But no person shall be 
employed to keep said school, either as principal or assist- 
ant, unless he has received a certificate from the School 
Committee of Charlestown, or some competent authority, 
in the same manner as is required for other public schools. 

Voluntary Incorporatio7is for Libraries. 

Sec. 75. Whenever any persons, to the number of three 
or more, shall hereafter associate together for the purpose 
of procuring and maintaining a library, or procuring or sup- 
porting an academy or school, they shall, upon complying 
with the following provisions, become a body corporate for 
that purpose, by such name as they may designate, and sub- 
ject to such regulations, conditions and constitution as they 
may have adopted. And they may hold, control and con- 
vey real and personal estate, to an amount not exceeding 
five thousand dollars, exclusive of their building and the lot 
on which it may stand, and of their books, maps, pictures 
and library furniture. 

Sec. 76. In case of any association of any number of 
members heretofore, for the purpose of maintaining a library, 
and not incorporated, any three of the members may call a 
meeting and appoint a time and place therefor, giving to all 
the known members resident in this State, five days' notice 
thereof; to be served as an original summons is required to 
be served, by some sheriff, deputy sheriff", constable or some 
disinterested person, who shall make oath thereto : and at 
the meeting so held, a majority of the persons present enti- 
tled to vote, may organize said association, as a corporation 
under this act. 

Powers and Duties of Library Associations. 

Sec. 77. The library corporations formed under this act, 
shall have the power to make assessments on shares and 
regulate by by-law the manner of selling them, on failure 
of payment : and all transfers of the shares shall be record- 
■^ed in the books of the corporation. 



TO PUBLIC SCHOOLS. 31 

Sec. 78. All corporations organized under the seventy- 
fifth and seventy-sixth sections of this act, may elect such 
officers and for such time as they may deem proper, may 
regulate, by by-laws, the manner of calling annual and other 
meetings, may require their officers to give bonds, determine 
the manner of voting and how many shall constitute a quo- 
rum, and generally may make all necessary by-laws not in- 
consistent with law or their Constitution, and may prescribe 
suitable penalties for the violation of them, which, if in mo- 
ney, shall not exceed twenty dollars, and may be collected by 
action of debt, in the name of the, corporation. All officers' 
shall continue in office until their successors are appointed, 
and vacancies may be filled at any meeting, or in such man- 
ner as the corporation may direct. If no mode is provided 
for calling annual or other meetings, the Clerk or Secreta- 
ry shall call a meeting, on the request of any three mem- 
bers, by posting up a notice thereof five days, in' some pub- 
lic place, upon the library building, academy or school 
house, and a majority of votes, either in person or by proxy, 
shall constitute a quorum, unless otherwise provided by the 
corporation. 

Sec. 79. To entitle any association to the benefit of the 
foregoing provisions, the Constitution or articles of associa- 
tion and all alterations thereof, shall be recorded in the books 
of land evidence of the town where the library, academy or 
school house is situated. Any such corporation shall not be 
dissolved by any reduction of the number of its members. 

Public Schools of the City of Providence. 
Sec. 80. In the construction of this act, the word town 
shall include the city of Providence only so far as to entitle 
said city to a distributive share of the public money, upon 
making a report to the Commissioner, in the same manner 
as the School Committee of other towns are required to do. 
The public schools in said city shall continue, as heretofore, 
to be governed according to such ordinances and regulations 
as the proper city authorities may from time to time adopt. 



32: AN ACT KELATING, ETC.. 

Acts RejJealed. 

Sec. 81. All general acts and resolutions heretofore pass- 
ed, relating to public schools, all acts relating to the educa- 
tion of the deaf, dumb, blind or idiots, and all acts author- 
izing particular towns and districts to build school houses, 
and perform other duties now in this act provided for, (ex- 
cepting local acts and resolutions relating to the schools in 
Newport and Providence,) are hereby repealed. But all 
parts of said acts which remain in substan<}e the same as 
before this revisal, shall be considered as having remained 
in force from their first enactment ; and all rights vested in 
any persons by virtue of any act hereby repealed, shall re- 
main unimpaired by this act ; and all matters commenced 
by virtue of any act hereby repealed, now depending and 
unfinished, may be prosecuted and pursued to final effect, in 
the same manner as if this act had not been passed. And 
no new provision in this act shall affect any action or suit 
now pending or judgment rendered. 



KEMAEKS 

on SOKE OF THE PROVISIONS 0F THE SCHOOL LAW, AND QN THE DrUTIES OF 
DIFFERENT OFFICERS AND BODIES CORPORATE UNDER THEM. 

T0W71S. 

82. In order to receive its allowance from tlie State 
Treasury, a town must first vote to raise the amount the 
law requires, (6) and if voted annually, the vote must be 
passed on or before July 1st, in every year. But an appro- 
priation may be made by a standing by-law, under which 
the town treasurer may every year make the necessary ap- 
propriation. 

83. It is believed that where a town is divided into dis- 
tricts, and each district has trustees to manage its own lo- 
cal affairs, it will be better to have the town's committee a 
small one, provided competent persons can be obtained to 
undertake it. Their duties are to examine teachers, visit 
and have a supervision of the schools. There is danger that 
a large committee will not meet often, and that they will 
attempt to perform too many of their duties by small sub- 
committees of one or more. The delegation by the whole 
committee, to each member, of the power to manage some 
particular district, was one great cause of the inefficiency 
of the former system. The examination of teachers will, in 
most cases, be better done by the whole committee ; and 
incompetent persons will be less likely to apply to the 
whole committee than to a single member,^ to be examined.. 

By the new act, a town may appoint or authorize it& 
committee to appoint a superintendent of schools. In such 
©ase the superintendent would perform the duties of exam- 



:34 TOWN TREASDREB. 

ining teachers, visiting schools, and such other duties as the 
committee might assign him. This would relieve the com- 
mittee of a very laborious portion of their duties. 

Town Treus'urer. 

84. The town treasurer should, as soon as the State 
money is apportioned, which is to be done in May, and as 
soon as the school committee have made their report and 
the town has voted to raise what the law requires, apply to 
the Commissioner for an order for his town's portion. If 
the town appropriation be made by standing by-law instead 
of an annual vote, he may apply immediately, provided the 
school committee have made the report the law requires. 
Some towns make a practice of depositing their school 
money in some bank, which will pay them a low rate of 
interest. But it should be always subject to order. 

If the treasurer is newly elected, or his election not gene- 
rally known, it may be well for him to procure from the 
town clerk a certificate to the fact of his being town trea- 
surer. 

He is to keep a separate account of all school moneys, 
and is, within one week after the annual town meeting, to 
furnish the school committee with a particular account of 
all school moneys in his hands, the sources from which de- 
rived, &e. He can only pay out the school money (whe- 
ther derived from the State, town or registry tax) to orders 
signed by the chairman or clerk of the school committee, 
and if he pays it out or appropriates it otherwise, he would 
be liable to the penalty of the law. 

The town treasurer, to obtain the State appropriation, 
should furnish to the Commissioner a certificate substan- 
tially in the following form, signed by himself or the town 
clerk : 

Town of A. D. 18 

I certify that in addition to the funds received from the 
State, and to the unexpended school moneys of last year, 



SCHOOL COMMITTEE. 35 

received from all sources, this town has by vote passed in a 
legal town meeting, appropriated the sum of dol- 

lars, to be paid out of the town treasury, for the support of 
Public Schools in this town for the present year, according 
to law, 

A. B. 
Town Treasurer of said town. 
To C. D., 

Commissioner of Public Schools, or Town Clerk. 

School Committees. 

85. The school commitee should be first engaged and then 
elect their chairman and clerk. It would be well to have 
the certificate of their own election and engagement made 
upon the record book itself, as loose papers are more liable 
to be lost. [See form. 

The number of the school committee, three or more, may 
be fixed at each annual town election. If the town fails to 
elect at the annual town meeting, the town council must 
elect them at its next meeting. Otherwise the old commit- 
tee will hold over. But any town may vote to delegate to 
the council the power of appointing the committee. [See 
Digest, page 302, § 5. 

86. Vacancies. If any member of the commitee resigns, the 
rest (if there be a quorum) may supply the vacancy. If so 
many resign or refuse to serve, as not to leave a quorum, the 
vacancy must, as in case of other town officers, be supplied 
by the town council until the next town meeting. [See 
Digest, page 302, § 6. 

87. Meetings. They should hold meetings at least quar- 
terly, as the law requires. But the schools cannot prosper 
much, unless meetings are held much oftener than this. By 
frequent meetings and conversation, much valuable inform- 
ation may be acquired. And it would be well for commit- 
tees to be continually endeavoring to obtain a knowledge 
of the situation of the different districts, the amount of tax- 
able property in each district, the number of the agricultu- 



36 SCHOOL COMMITTEE. 

ral and manufacturing population respectively, &c., &c., 
and this sort of information should be preserved, as it is ab- 
solutely necessary to enable them and their successors to 
discharge well their duties. 

All acts of the school committee to be valid, must be done 
at a meeting of the committee. Giving their assent to any 
measure separately, and without meeting, would probably 
be held illegal. 

The manner of calling special meetings of the committee 
should be regulated by by-law. If there be no by-law, the 
chairman should call them, and should give every member 
notice if possible. 

88. Within a week after the annual town meeting, the 
school committee are entitled to receive from the town 
treasurer a report of all school moneys in his hands, speci- 
fying particularly the sources whence derived, &c. [See 
% 23. 

89. As soon as elected, the clerk of the committee should 
forward to the School Commissioner a list of the names of 
the committee, with their post-office address, and should 
also inform him in what way packages or bundles can most 
conveniently be sent to them. This will materially aid the 
Commissioner in the discharge of the duties of his office. 

90. Laying of Districts. A town may vote to manage its 
schools collectively or by districts. If there are districts, 
the whole power of laying them off, making new ones, 
altering them, and of settling disputed boundaries, is vested 
by law in the school committee, subject to an appeal to 
the Commissioner. 

Although the law has not required any particular notice 
to be given before deciding on making or altering districts, 
yet reasonable notice should be given in all such cases. 

In laying off districts, regard should be had to the con- 
venience of attending school, the number of scholars, the 
valuation of property, and ability to provide school houses, 
&c. It will be always expedient to bound them by rivers, 



SCHOOL COMMITTEE. 37 

roads, or other natural or well-known boundaries, when 
practicable. When the lines can, without inconvenience, 
be so drawn as to include all of any person's farm in the 
same district where his dwelling house is, it will save a 
great deal of trouble and expense in assessing taxes. 

In New York, they bound their school districts by lines 
running from one specified point to another, and when the 
line crosses any person's farm or lot, they tax the whole 
farm or lot in the district where the dwelling house is, if 
there be one on it. But this rule is objectionable, because 
when a tax is contemplated, a person so situated may avoid 
a portion of it by a fraudulent conveyance of his land. 
And every purchase or sale of land so situated does practi-- 
cally alter the bounds of the district. 

Districts must be set off by bounds including certain 
land. It is not sufficient (in those towns where the schools 
are managed and the school houses built by districts) to 
declare that a district shall be composed of such and such 
persons. The Supreme Court of Massachusetts has declared 
such districts to be invalid. [7 Pick. 106, and 12 Pick. 206. 
When a district which has built a school house is divided, 
or its bounds altered so as to take off any portion of it, the 
joint property is to be equitably apportioned among them. 
If the district owe any debts, they should of course be con- 
sidered in the apportionment. [See the law, <^ 49.] In 
some cases this can be done by a division of the property 
itself. In other cases the rent or income may be ap|)or- 
tioned, according to the peculiar circumstances. The 
school committee must decide such cases, subject, of 
course, to the appeal provided by the law. 

Where it is more convenient for a person belonging to 
one district to send to a school in another district, the school 
committee may alter the bounds so as to include his house; 
or the trustees, or if no trustees, the committee may permit 
his children to attend such school and pay for it under the 
provisions of <§. 53. And the committee may make the 



3S SCHOOL COMMITTEE. 

same arrangement for those who can more conveniently at- 
tend a school situated in a neighboring town. 

In every town, after the boundaries of the districts are 
settled, it would be well to have a description of them 
printed for general information and circulation. This might, 
with propriety^ be attached to the School Regulations. 

91. The power of forming joint districts on the borders 
of the different towns, is also confided to the school com- 
mittees. Many of the manufacturing villages are on streams 
which are the boundaries of towns, and are partly in both 
towns. In such situations the school committees should 
encourage the union of the adjoining districts, as both to- 
gether may be able to establish a better school, or keep 
one for a longer time, or to establish them of different 
grades. 

The manner of apportioning the money to a joint district 
is regulated by § 52. 

In assigning to a district which forms part of a joint dis- 
trict, its proportion of that part of the money which is di- 
vided according to average attendance, the committee will 
of course take the average attendance of that portion of the 
scholars w^ho belong to their own town. 

92. By the school act of 1800, the power of laying off 
school districts was vested in town councils. 

By the act of 1828, the power is not specially vested any 
where, but was probably intended to be exercised by the 
school committee. 

By the act of 1839, the power was vested in the towns, 
but all former divisions, whether made by towns or school 
committees, were confirmed. 

By the act of June, 1845, the power was vested in the 
towns. But by the acts of June, A. D. 1846, §1, and Oc- 
tober, A. D. 1846, §5, the sole power was vested in the 
school committees, where it now remains. 

For a history of the legislation of the State relating to 
public schools, and for a list of various special acts author- 
izing towns to divide into districts and erect school houses 



SCHOOL COMMITTEE. 29 

By taxation, see Journal of the Rliode Island Institute of 
Instruction, vol. 1, pages 97, 103. 

93. Location, fdans, ^c. The school committee are to lo- 
cate all school houses, and to approve of all plans and spe- 
cifications for building them. When the district is unani- 
mous, and the location on the whole, unobjectionable, the 
committee will defer to their wishes ; but in cases of dis- 
pute, they should endeavor to select such a site as will best 
accommodate the greater portion of the district. Plans for 
the erection and repairs of district school houses must also 
be approved by the school committee,, or by the Commis- 
sioner. This provision, together with that requiring that 
the school committee must approve of all rates of tuition 
and taxes that any district may order, was intended to ope- 
rate as a salutary check against the improper exercise of 
the powers given to school districts. In some districts 
there may be but few legal voters; in others,the majority of 
voters may be persons not interested in the property in the 
district ; and various other cases may happen where a mi- 
nority should be protected again&t abuse of taxation. And 
for this purpose, the lavv^ requires the approbation of the 
school committee, the majority of whom will probably be- 
long to other parts of the town, and have no private or per- 
sonal interest in the local controversies and disputes of the 
district. 

For the same reason the law requires the plan of building 
to be approved by the committee. The committee should 
therefore investigate this subject, and visit and examine 
the best school houses, so as to be prepared to act when 
called on. They will find a variety of plans in the docu- 
ment on scbool houses, attached to the report of the late 
Commissioner, Henry Barnard, Esq., which they can modi- 
fy according to circumstances, and from which, at least, 
they may derive many useful hints. 

The subject of school houses and school apparatus, is 
most fully discussed in the work lately published by Mr, 



40 S'CHOOL COMMlTTtelS. 

Barnard, on School Architecture, which includes all the 
various articles published in his different reports, while su^ 
perintendent of schools in Connecticut and Rhode Island, 
and which cannot be too highly recommended to those 
wishing information on this subject. The material parts of 
this work w^ere also printed in the three volumes of the 
Journal of the Rhode Island Institute of Instruction, copies 
of which have been furnished by the Legislature to every 
school district, and which will be found in all the public 
libraries. 

94. Examining Teachers. The examination of persons 
wishing to teach as principal or assistants, the granting of 
certificates of qualification, and the annulling of such cer- 
tificates, are among the most important duties devolving on 
the school committee, and on their faithful performance the 
efficiency of the law mainly depends. 

The inefficiency of the former school system in many of 
the towns was owing to the fact that the duties of examin- 
ing teachers and visiting the schools were too generally ne- 
glected or ill performed. 

The law gives the committee the power to appoint a sub- 
committee for the purpose of examining teachers. But it is 
respectfully suggested that where the whole committee 
can meet for this purpose, it is most advisable. It will 
have a more imposing effect upon the teachers themselves, 
and incompetent persons will be less likely to present them- 
selves. 

In making such examinations, whether by the whole 
board, or by the sub-committee, they should inquire Jirst^ 
us to moral character. On this point, the committee should 
be entirely satisfied, before proceeding further. Some opin- 
ion can be formed from the general deportment and lan- 
guage of the applicant, but the safest course will be, with 
regard to those who are strangers to the committee, to in- 
sist on the written testimony of persons of the highest re- 
spectability in the towns and neighborhoods where they 



SCHOOL COMMITTEE. 41 

iiate resided; and especially to require the certificate of 
the school committee and parents where they have taught 
before, as to the character they have sustained, and the in- 
fluence they have exerted in the school and in society. 

While a committee should not endeavor to inquire into 
the peculiar religious or sectarian opinions of a teacher, and 
should not entertain any preferences or prejudices founded 
on any such grounds, they ought, without hesitation, to re- 
ject every person who is in the habit of ridiculing, deriding, 
or scoffing at religion. 

And while the examination should in no case be extended 
to the ]}olitical opinions of the candidate, yet it may with 
propriety extend " to their manner in expressing such be- 
lief, or maintaining it. If that manner is in itself boister- 
ous and disorderly, intemperate and offensive, it may well 
be supposed to indicate ungoverned passions, or want of 
sound principles of conduct, which would render its pos- 
sessor obnoxious to the inhabitants of the district, and 
unfit for the sacred duties of a teacher of youth, who should 
instruct by example as well as by precepto" — -N. Y. Regu- 
lations. 

Second, as to literary attainments. The lowest grade of at- 
tainments is specified in the school law in the iiroviso to § 
d5. Every teacher must have been found qualified by ex- 
amination, or by previous experience, which must have 
come to the personal knowledge of the committee, to teach 
the English language, arithmetic, penmanship, and the rudi- 
ments of geography and history. An examination as to 
the attainments of the teacher in these branches might be 
so conducted as to test his capacity, in those particulars, to 
teach any grade of schools. Some reference, therefore, must 
be had to the condition and wants of the district schools as 
they now are. But no person should be considered quali- 
fied to teach any school, who cannot speak and write the 
English language, if not elegantly, at least correctly. He 
should be a good reader, and be able to make the hearer 
4 



42 SCHOOL COMMITTEE. 

understand and feel all that the author intended. He should' 
be able to give the analysis as well as explain the meaning 
of the words of the sentence, and explain all dates, names 
and allusions. He should be a good speller ; and to test 
this, as well as his knowledge of punctuation, the use of 
capitals, «Scc., he should be required to write out his answers 
to some of the questions of the committee. He should 
understand practically the first principles of English gram- 
mar, as illustrated in his own writing and conversation. He 
should be able to write a good hand, to make a pen, and 
teach others how to do both. He should show his know- 
ledge of geography by applying his definitions of the ele- 
mentary principles to the geography of his own town, state 
and country, and by questions on the map and globe. He 
should be able to answer promptly all questions relating to 
the leading events of the history of the United States and 
his own State. In arithmetic, he should be well versed in 
some treatise on mental arithmetic, and be able to work 
out before the committee, on the black board or slate, such 
questions as will test his ability to teach the text books on 
arithmetic prescribed for the class of schools he will be en- 
gaged in. 

Third, his ability to instruct. This ability includes aptness 
to teach, a power of simplifying difficult processes — a skill 
in imparting knowledge — of inducing pupils to try, and try 
in such a way that they will derive encouragement as they 
go along, which must be given by nature, but may be cul- 
tivated by observation and practice. An examination into 
the literary qualifications of a candidate as ordinarily con- 
ducted, and even when conducted by an experienced com- 
mittee-man, or even by a teacher, willnot always determine 
whether this ability is possessed, or possessed in a very em- 
inent degree. Hence it is desirable for the committee to as- 
certain what success the candidate has had in other places, 
if he has taught before ; and if this evidence cannot be had, 
whether he has received any instruction in the art of teach- 



SCHOOL COMMITTEE. 43 

ing ; or has been educated under a successful teacher ; or 
has visited good schools. In conducting the examination 
to ascertain this point, the candidate should be asked how 
he would teach the several studies. He should be asked 
how he would proceed in teaching the alphabet to a child 
who had never been instructed at all in it ; as for example, 
whether he would give him words or single letters ; or let- 
ters having a general resemblance ; or in the order in which 
they are ordinarily printed ; or by copying them on a slate 
or black board, and then repeating their names after the 
teacher ; or by picking them out of a collection of alphabet 
blocks, &c., &c. So in spelling. He should be asked how 
he would classify his scholars in this branch, and the meth- 
ods of arranging and conducting a class exercise ; how far 
he would adopt with the class the simultaneous method, 
and how far the practice of calling on each member in reg- 
ular order ; how far he would put out the word to the whole 
class, and after requiring all to spell it mentally, name a par- 
ticular scholar to spell it orally ; how far he would adopt 
the method of writing the word, and especially the difficult 
words, on a slate or black board ; how far he would connect 
spelling with the reading lessons, &c. 

It will be more satisfactory sometimes, perhaps, to have 
a class of small scholars present at the examination, and let 
the candidate go through a recitation with them, so that 
the committee can have a practical specimen of his tact in 
teaching each branch of study ; in explaining and removing 
difficulties, &c. 

The same method of examination should be carried into 
reading, and every other branch. It is more important to 
know that the teacher has sound views as to methods, than 
that he is qualified as to literary attainments. 

Fourth, ability to govern. This is an important qualifica- 
tion, insisted upon by the law, and indispensable to the suc- 
cess of the schools. On this point the committee should, 
call for the evidence of former experience, wherever the 



44 SCHOOL COMMITTEE. 

candidate has taught before, and when this cannot 'be had, 
the examination should elicit the plans of the teacher as to 
making children comfortable, keeping them all usefully em- 
ployed, and interested in their studies, his best sj^stem of 
rev/ards and punishments, and examples of the kinds of 
punishments he would resort to in particular cases, and all 
other matters pertaining to the good order and government 
of a school. In this connection, the age, manners, bearing, 
knowledge of the world, love and knowledge of children, 
&c., of the applicant, will deserve attention. 

In addition to these qualifications which the law requires, 
the address and personal manners and habits of the appli- 
cant should be inquired into, for these will determine in a 
great measure the manners and habits of the children whom 
he will be called upon to teach. 

The most thorough and satisfactory mode of conducting 
the examination is by written questions and answers ; it 
will be desirable, if the examination is conducted orally, to 
keep minutes of the questions and answers. 

While every teacher should be found qualified in the par- 
ticulars specified in the law, the certificate might show the 
peculiar qualification of the person to whom it is given, 
viz : that he or she is peculiarly fitted for a primary school, 
as principal or assistant, as the case may be. 

The school committee must remember that on the thor- 
oughness and fidelity with which this duty is performed, 
depends in a great measure the success or failure of the 
school system. The whole machinery moves to bring good 
teachers into the schools, and to keep them as long and un- 
der as favorable circumstances as possible. 

If the teacher adds to his other qualifications, a know- 
ledge of the art of singing, it will be an additional recom- 
mendation to him with those who desire to have a good 
school. Singing in school serves as a recreation and amuse- 
ment, especially for the smaller scholars. It exercises and 
strengthens their voices and lungs, and by its influence 



SCHOOL COMMITTEE. 45 

on the disposition and morals, enables a teacher to govern 
his school with comparative ease. 

The committee should exercise a somid discretion in the 
examination. If a person has been before examined by 
them, and the committee have often visited his school, and 
know him to be a good teacher, the law allows them to 
give him a certificate, founded on this experience. But 
re-examinations can in no case do any injury, and by gradu- 
ally increasing their rigor and adding to the recj[uirements, 
much may be done towards raising the general standard of 
education. The committee should, for convenience of re- 
ference, keep a tabular list of the names of all persons ex- 
amined by them, either on their common record book, or 
in a book kept for that purpose, with columns for the date, 
age, place of residence of the applicant, the result of the 
examination, and any other remarks that may appear 
worthy of remembrance. 

School committees should endeavor to encourage, by all the 
means in their power, our own young men to come forward and 
qualify themselves as teachers. A large portion of the money 
expended here has been paid to teachers from abroad, many of 
whom were persons who could not obtain schools where they were 
better known. While the great object should be to secure the 
services of the best teachers, from whatever State they may 
come, it is certainly of great importance to the State, morally, 
intellectually and politically, that we should hereafter not be so 
dependent upon citizens of other States for our teachers, as we 
have heretofore been. The large amount of money carried away 
every year is, in fact, one of the least of the evils of this depend- 
ence. [See the Eorm of Certificate. 

Annull'mg Certificates. As a teacher's qualifications depend 
not merely upon his learning, (of which a committee can judge 
from examination,) but upon his moral character, his disposition 
and temper, and his capacity to impart information, and to govern 
a school, in regard to all which the committee may be deceived, 
or not fully informed, the law gives the committee the power to 
annul any certificate they may have given, if on trial the teacher 



46 SCHOOL COMMITTEE. 

proves unqualified. A teacher may also refuse to adopt the 
proper books, may introduce improper books, may refuse to adopt 
what the committee deem the best methods of instruction, or may 
violate other regulations of the committee. In such cases a 
remedy is necessary. 

Unless the offence is gross, and the evidence palpable, it will 
generally be best to give the teacher notice of any complaint be- 
fore deciding to annul his certificate. And in many cases, 
friendly advice, and a private warning, conveyed in courteous 
language, may settle the difficulty, and render any public pro- 
ceeding unnecessary. [See the Form.] Even if the teacher has 
a certificate signed by an Inspector, or by the Commissioner, the 
committee are authorized to dismiss him if they think proper. 
[§ 56. 

95. Visitation of Schools. There was no duty of the school 
committee, under the old law, more generally neglected than 
that of visitation. 

The new law makes it the express duty of committees and 
trustees to visit the schools often. Without personal visits to the 
schools, the committee can know nothing about the teacher's ca- 
pacity to impart information, or about his method of instruction 
and government. 

By § 15 the committee are authorized to employ some suitable 
person to visit the schools in their stead, and to pay him a rea- 
sonable compensation. 

Visiting the schools also has the effect of encouraging the 
teacher in the performance of his duties ; and if the teacher is 
visited and treated with proper respect by the committees, trus- 
tees and parents, it materially aids to secure to him respectful 
treatment from the scholars, and enables him to govern his school 
and preserve order with ease, and without resorting to corporeal 
punishment. 

But the greatest effect is on the pupils themselves. School is 
now considered by many of them as a place of punishment. But 
if their parents and others visit them often, and take an interest 
-in their studies and progress, it gives a new character at once to 



SCHOOL COMMITTEE. 



47 



ihe school and tlie school room, and they contemplate it with 
pleasure instead of dread. 

It will also have the effect of accustoming the pupils to recite 
before strangers, and help them to get rid of that timidity and 
reserve, which, if not early removed, may prove a serious hin- 
drance to their success in many pursuits in after life. 

While it will be advisable to assign one or more schools to 
each member of the committee, for the purpose of visitation and 
general supervision, it will be very desirable that all the schools 
^hall be visited, at least once a term, by the same person or per- - 
sons, so that a comparison can be instituted between the different 
teachers and schools, and the official reports and returns be made 
out more understandingly. The trustees and parents of each dis- 
trict should be invited to accompany the committee on their 
visits ; and it will be well to encourage the teachers to visit each 
other's schools, with a few of their most advanced scholars. 

In visiting schools, whether by the whole board, sub-commit- 
tee, or individually, the following are among the objects which 
deserve attention : 

The condition of the school house and appurtenances ; its loca- 
tion ; size and condition of yard and out-buildings ; con- 
struction, size, outward appearance, and state of repair of build- 
ing ; by whom built and owned : whether by town, district or 
proprietors ; number and size of entries, and whether furnished 
with scraper, mat, hooks and shelves for hats, outer garments, 
water-pail and cup, broom, duster, &c. ; dimensions of school 
room, and its condition as to light, whether too much or too lit- 
tle — as to the air, pure or impure — as to temperature, whether 
too high or too low ; modes of ventilation, whether by lowering 
or raising upper or lower sash, by opening into attic, by flue or 
otherwise ; whether heated by close or open stove, fire-place or 
furnace ; construction and arrangement of seats and desks ; whe- 
ther all the scholars, and especially the younger, are comfortably 
seated, with backs to lean against, and with their feet resting on 
the floor, and all facing the teacher ; whether there is a platform 
where the teacher can overlook the whole school, and aisles to 
.allow of his passing to every scholar, to give such instruction as 



40 SCHOOL COMMITTEE.. 

may be necessary, in their seats ; whether there is a place to> 
arrange the classes for recitation, and accommodation for vis- 
itors, &Ci 

On entering the school, the committee will first ascertain all. 
necessary particulars respecting the teacher, such as his certifi- 
cate, general plan, &c. These will enable them to form a pro- 
per judgment of what takes place in the course of their subse- 
quent inspection and inquiries. 

The school register should be called for, and such particulars 
as to the number and names of the scholars, their age, parents, 
attendance and studies, should be gleaned, as will enable them to 
speak on the importance of regular and punctual attendance, to. 
expose the evils of the contrary practice, and to commend, before 
the whole school, those who are among the most regular. An 
inspection of the register will inform the committee what children 
are not connected with the school, and a kind and timely call, a 
word with the parents or guardian, may save such children from 
ignorance, and the community from its consequences. 

The committee should inquire into the number of classes, and 
the studies they pursue. Such exercises should be called for as- 
will exhibit the proficiency of the pupils, and the methods of in- 
struction adopted by the teacher, and enable the committee to 
judge of the tact of the teacher in imparting information. The 
teacher, injustice to himself and his pupils, should be allowed to 
conduct some of the exercises himself, and in his usual manner, 
as the scholars, (if not used to being visited by strangers,) will, 
be less timid when examined by him, and the committee w^ill. 
have a better opportunity to see his mode of instruction. But 
the committee should also ask questions, and in some cases take 
the examination into their own hands. 

It will be well to place in the hands of the more advanced, 
scholars, written or printed questions, to be answered in writing, 
while the examination of other classes is going forward. And 
the same or similar questions should be asked in every school; 
visited, and the answers will be, to some extent, an unexception- 
able standard of comparison between the teachers and the 
schools. 



SCHOOL COMMITTEE. 4& 

The committee should be careful to notice the manner in Avhich 
the pupils spell and read. In reading, especially, there is great 
carelessness in many of our schools. They should also observe 
the teacher's manners and mode of governing. If the school is not 
provided with proper maps, blackboards, &c., by proper remarks, 
on their uses and importance, they may be the means of inducing 
the district to procure them. 

Such inquiries should be made as will show how far the rules, 
and regulations of the school committee are observed, as to teach- 
ers, books, the cleanliness and preservation of the school house, 
the manners, of the pupils, &c. 

Great care should be taken not to wound unnecessarily the 
feelings of teacher or pupils, and commendation should be be- 
stowed wherever it is deserved. 

Selecting Books. The schools have heretofore suiFered much 
from the great variety used. It has rendered classification im- 
possible, and whenever a scholar has changed his district or his 
school, a new set of books was to be purchased. Uniformity 
should be established in the schools of a town at least. And by 
proper management, by procuring some person in the town or 
county to act as agent, a great saving in expense to the parents 
can be effected. In regard to the selection, the committee are 
entitled to the advice of the Commissioner, and the benefit of his 
experience ; and it is expected that they in turn will co-operate 
with him in such measures as he may recommend or adopt to se- 
cure a uniformity of books in the State. 

But no rule which a com-mittee may adopt as to the books to 
be used, should be so framed or construed as to prevent a teacher 
from using explanations or illustrations to be found in other books 
upon any particular subject. In arithmetic and algebra, it will 
be profitable exercise for the teacher to give the pupils, occa- 
sionally, for solution, questions and problems from other books 
besides the prescribed ones. 

No book should be introduced into any public school by the 
committee, containing any passage or matter reflecting, in the 
least degree, upon any religious sect, or which any religious sect 
would be likely to consider offensive. 



W SCHOOL COMMITTEE. 

97. Rides and Regulations. The school committee should 
prescribe a system of rules and regulations respecting the age, 
admission, attendance, classification, studies, discipline and in- 
struction of pupils, in all the schools ; the examination and duties 
of teachers ; the kind of books to be used, fee. Useful hints in 
framing such rules may be derived from the "Regulations" of 
the Providence schools, appended to the Report of the School 
Commissioner for 1845, p. 240, (and which may also be found 
in vol 1 of the Journal of the Rhode Island Institute of Instruc- 
tion,) and from the specimens of such rules, which will be found 
among the Forms. 

The age for admission should be uniform in all the districts of 
a town, as otherwise some districts may have the advantage over 
others in the apportionment of the public money. 

98. Apportioning- Money. The committee, having ascer- 
tained what they can depend upon from the State Treasury, the 
town and the registry act, and having reserved an amount suffi- 
cient to defray the expense of printing their report, [see § 22,] 
will apportion it as soon as possible, according to § 20. But they 
are not authorized to pay out, or give an order to any district 
which has not complied with § 21, for the year preceding. The 
law makes a district's complying with the provisions of ^ 21 for 
one year, a pre-requisite to its receiving any money the next 
year. 

As to apportioning money to a joint district, see § 52, and to a 
secondary school, supported by two districts, see § 50. 

It will in all cases be desirable, and the safest course for the 
committee, to let the school money remain in the town treasury, 
(at interest, if possible.) until the schools are kept, and not to 
give orders for it any faster than they are satisfied it is actually 
expended. It may then be paid to the teacher or his order, on his 
producing or sending a bill, certified or allowed by the trustees, 
or otherwise, at the discretion of the committee. 

The committee will find it greatly to their convenience to keep 
a separate book for their accounts. In this book a separate ac- 
count might be opened with each school or school district, in 
which the district should be, from time to time, credited with the 



0m 



SCHOOL COMMITTEE. 51 

money apportioned to them, and then charged with the orders 
which have been given to them. 

Another separate account may be so kept, by listing all the 
sums of money appropriated to schools on one side, and all orders 
given on the other, as to show at any time the balance under the 
committee's control. 

99. Reports. By § 43, trustees are to report to the school 
committee, at such time and in such form as the committee or 
commissioner may prescribe. These returns must be made in 
season to enable the committee to digest them, and prepare a re- 
port to the Commissioner by July 1st ; [§ 22.] for which reports 
the Commissioner will furnish forms. The committee are, also, 
at the annual town meeting, to make a written or printed report 
to the town, of dl their doings, the condition of the schools, plans 
for their improvement, &c. 

By *§> 22, the committee are authorized to reserve enough (not 
exceeding $20) out of the school money to print their reports. 
And it is believed that no part of the school expenditure would 
do more good, and tend more to keep up an interest in the 
schools, than this. 

100. The committee must aid in organizing districts, by giving 
the notice for the first meeting. And when there are no trustees, 
or when the trustees neglect to call meetings, the committee must 
call them. In such cases they may direct the mode of notice. 
[See § 25, 27, SO. 

101. Any district, when met, may, by § 38, vote to devolve 
upon the committee, with their consent, the whole management of 
their schools ; and in that case, the committee can exercise, in 
that district, all the powers which the district itself might exer- 
cise, may keep the school, have the custody of the school house, 
fix the rate ,of tuition, &c. 

102. By § 38, if any district neglect to organize, or if organ- 
izedj shall, for the space of six months, neglect or refuse to estab- 
lish a school, the committee may, either by themselves or their 
agent, employ and pay a teacher for the district. 

103. Gradation of Schools. The school committee can pro- 
mote a gradation of schools, or a separation of the younger and 



52 SCHOOL COMMITTEE. 

the older scliolars, and the primary and advanced studies into 
distinct schools or departments. 

Whenever the schools of a town are managed independent of 
districts, a sufficient number of schools, of difierent grades, can 
be established by the committee, at convenient locations, varying 
in the studies pursued according to the circumstances of the pop- 
ulation. 

And in toAvns which are divided into districts, there are many 
villages and thickly settled districts, where a gradation of schools 
can be introduced. By separating the small children from the 
older scholars, the instruction of both can be carried on to greater 
advantage, and with greater economy of time and expense. By 
putting the small children under the care of a female teacher, 
they can have more of the teacher's time devoted to them, and 
will learn with a rapidity surprising to those who have not seen 
the effects of it. This enables the teacher of the large scholars 
to devote his whole attention to their improvement. 

They may recommend the union of two or more adjacent dis- 
tricts, for the purpose of establishing a secondary or grammar 
school, for the older and more advanced pupils of each district. 
This can be done to advantage in almost every town. [See <^ 50. 

In order to encourage the union of districts for the purpose of 
keeping a better school, § 51 provides that they may unite, and 
still receive the same amount of money they would receive if not 
united. 

104. Records, At the beginning of the year, the committee 
should have a warrant or certificate of their election from the 
town clerk, [see Form,] which it would be well to have made 
upon the record book itself, as loose papers are often lost. Then 
let the certificate of engagement follow in order. 

The clerk should record any motion negatived, as well as those 
adopted, as parties may be interested, and have a right to appeal, 
in many cases, from a negative vote as well as from an affirma- 
tive one. 

When it can be conveniently done, the minutes of the proceed- 
ings, as drawn out by the clerk, should be read in open meeting, 



?0' 



TRUSTEES* 58 

or at the next meeting, for correction, if necessary. Misunder- 
standings may thus be prevented. 

The clerk should always record the names of the members of 
the committee present at any meeting. He should also keep the 
copies of all abstracts, and all reports made to the Commissioner, 
so that the committee may have them for future reference and 
comparison. 

Trustees. 

105. One or three trustees are to be appointed by a district at 
its annual meeting. If, by any accident, an election is not made 
then, or if a vacancy occurs, the district may elect afterwards- 
§37. 

By § 63. trustees hold their offices until their successors are 
appointed. 

106. If there are three trustees, a majority can act. " Where 
a body or board of officers is constituted by law to perform a trust 
for the public, or to execute a power or perform a duty prescribed 
by law, it is not necessary that all should concur in the act done. 
The act of the majority is the act of the body. And where all 
have due notice of the time and place of meeting, in the manner 
prescribed by law, if so prescribed — or by the rules and regula- 
tions of the body itself, if there be any — otherwise, if reasonable 
notice is given, and no practice or unfair means are used to pre- 
vent all from attending and participating in the proceeding, it is 
no objection that all the members do not attend, if there be a 
quorum." [21 Pick. Rep. 28. 

107. The trustees must employ the teacher. It is suggested 
that a trustee should not employ a near relative to keep the 
school, without consulting the district. Jealousies and disputes 
will thus be avoided. 

In employing a teacher or assistant teacher, trustees should be 
cautious to employ no one who has not a legal certificate, and not 
to employ one after notice that his certificate is annulled, as in 
such a case the trustees might be held personally liable for the 
teacher's wages. [See the Form.] The trustees should see that 
the teacher keeps a proper register of attendance, in order that 
his district may receive its due portion of school money next year ; 



54 TRUSTEES. 

and when the school is over, this register should be deposited 
with the trustees, or in the office of the clerk of the district. 
They should require the teacher to furnish them with such items 
of information as are necessary to make out their annual report 
to the town committee, which report should be made about the 
first of May, or sooner, if the school is out, or at such time as 
the committee thall fix. Forms for these reports will be furnish- 
ed to the districts, and can be obtained fi'om the committee, or 
from the town clerk's office. 

If trustees appropriate any of the public money to pay a 
teacher not legally examined, they are liable to a penalty, under 
§64. 

The school must be kept four months, in order to obtain the 
money for the next year. And the trustees, without waiting for a 
vote of the district, may, if the public money is insufficient, assess 
a rate sufficient to keep the school four months, [see '§'"59,] taking 
care, however, to have the rate approved by the school committee, 
and exempting those they consider unable to pay. 

If any scholars can more conveniently attend school in an ad- 
joining district, trustees are authorized by § 53, to make a bar- 
gain for that purpose. They should also take care that the school 
is kept in a house which will not be disapproved of by the com- 
mittee of the town. [§ 21 . 

108.. Trustees should regard the visiting of the schools as one 
of the most important of their duties, and which should by no 
means be neglected. For some account of the subjects they should 
inquire into, whenever they visit a school, see § 95. 

109. When a district is organized and has trustees, they are 
to notify the annual and special district meetings, and if there be 
no district school house, or place appointed by the district, they 
are to fix the place of meeting. If the trustees, on application, 
neglect to call a meeting, the school committee may call it. 
[See § 27. 

Trustees, for refusal to discharge any duty, call a meeting, 
assess a tax, &c., &c., are liable to a penalty, by § 64 of the 
law. And the Supreme Court would probably, upon application. 



compel' anj school officer, bj writ of mandamus, to- discharge any 
duty plainly imposed on him by the law. 

110. Trustees should encourage meetings of teachers in their 
neighborhood, for mutual improvement. And if any teacher 
neglects or refuses to attend a teacher's institute, when organized 
under proper auspices, and when he conveniently can, it should 
be regarded as a sign of unfitness for the place. No one is so 
well qualified as not to be able to learn from his fellows many 
useful hints, as to methods of teaching, books, &c., and no one 
should be unwilling or too proud to learn. 

111. Trustees should see that an inventory of all the maps, 
books and other property belonging to the district, is made from 
time to time, and preserved among the papers of the district 

Several years since, a copy of Dr. Jackson's Geology of Rhode 
Island was distributed, by the Legislature, to every school dis- 
trict. And two years since, each district received from the State 
a copy of the three volumes of the Journal of the Rhode Island 
Institute of Instruction, published by our late Commissioner, 
Henry Barnard, Esq. These contain all the school documents., 
reports, history of school legislation, plans of school houses and 
a great variety of valuable information. If there is a library in 
the district, that will be the best place of deposit for these books. 

Every district should possess a dictionary, to be kept as an ap- 
pendage to the school house. Maps of the State, the United 
States, and of the town, (if there is one,) should be procured. 

The trustees should keep a regular account of all moneys they 
may receive from assessments or other sources. 

112. Trustees should recollect, that in order to obtain from the 
school committee any order for money, they must have made a 
proper return from their district, for the year ending on the first 
of May previous, and must also furnish to the committee a certi- 
ficate that the "teacher's money," (i. e. the money which the 
district received from the town treasurer as their part of the State 
appropriation,) for the year ending the first of May previous, 
had been applied to the wages of teachers, and for no other pur- 
pose whatever. 

The return of the district should include the whole time dur- 



Ob DISTRICTS. 

ing whicli any portion of the public money has been used to stip- 
port the school. 

For further particulars, see the law. See also the Forms. 

Districts-. 

113. In order to be eligible to any district office, a person 
must possess the qualifications of a voter ; and any voter may be 
■elected to any district office. 

It is sufficient if the person elected have the qualifications of a 
voter at the time of his election. He will not afterwards lose the 
office by losing his qualification to vote. 

To enable a person to vote in district meeting, he must reside 
in the district, and possess the qualifications requisite to entitle 
him to have his name put upon the voting list of the town ; but 
his name need not actually be upon the list. 

114. Meetings. As to notifying meetings, see § 29 and 30^, 
When met, the district must organize by choosing a moderator 
and clerk. The moderator need not be engaged. The clerk may 
be engaged in open meeting by the moderator, «nd the clerk may 
then engage all other district officers, and his record Avill be 
evidence of his own and their engagements. Every district 
meeting may choose a moderator, who will preside at the meet- 
ing, and any adjournments of it. But the clerk is an annual 
officer. When met, they may vote to devolve the care of the 
district school on the school committee, [see § 38 and Form,] or 
may appoint one or three trustees to manage it. If they fail to 
appoint officers at their annual meeting, they may appoint them 
afterwards, and may fill vacancies at any time. 

If the moderator refuses to put questions to vote, or he or any 
other district officer violates the law, they are liable to pay a fine. 
[See § 64. 

The annual district meeting is to be in April or May, but 
special meetings may be called by the trustees at any time. 

By § 71, inhabitants of districts may be witnesses in all cases, 
and so may prove (if disputed) the legality of the notice and 
meeting, and the clerk's record that the meeting has been duly 
notified, will \)Q prima facie evidence of the fact. [See '^ 72. 



DISTRICTS. 57 

115. Vacancies may happen from any of the causes specified 
in § 37. A resignation need not be in writing. The person 
resigning should give information of it to the person or corpora- 
tion authorized to fill the vacancy. 

116. At all district meetings a reasonable time should be 
allowed for the people to assemble. And if, in the course of 
proceeding, any legal vote is rejected, or any illegal vote is re- 
ceived by the moderator, by which the result is affected, an ap- 
peal may be taken to the Commissioner for redress. 

117. Districts may fix a rate of tuition to be paid by the pa- 
rents towards the support of the school, (provided said rate be 
approved by the school committee.) But no scholar can be ex- 
cluded from the school on account of the inability of his parents 
to pay the rate. 

Or the district may authorize the trustees to fix the rate or 
assessment. And either district or trustees must exempt such as 
they consider unable to pay the assessment. And to guard 
against any abuse of this power, if a person is assessed for a rate 
who is unable to pay, he may apply to any Justice of the Peace 
and be discharged, on taking the poor debtor's oath, without 
waiting to be committed to jail. A liberal discretion should be 
used in exempting poor parents from the rate. Few will claim 
an exemption in such a case, unless there is a real inability. 

118. Quorum of District Meetings, It has been repeatedly 
decided, in the courts of England and this country, that at com- 
mon law, where there is no statute provision, when a meeting of 
a corporation, consisting of an indefinite number of persons, (as 
towns, districts, &c.,) is properly notified, no particular number 
is requisite to form a quorum, but a majority of those present 
may act. 

To require a majority of the voters of a district^ would, in 
many cases, prevent the doing of any business at all. And to fix 
any particular number would be diificult, because there are some 
districts where this number would be more than the whole num- 
ber of voters. The law has, therefore, required the notice of the 
meeting to be given with great particularity, and then presumes 
5 



58 DISTRICTS, 

that every voter who does not attendj assents to what is done by 
those present. 

At the same time, it will not be advisable to proceed in any 
matter of importance, such as laying a tax, &c., unless a respecta- 
ble number of voters attend. 

119. Reco7isideration. A district may reconsider and rescind 
any vote, at any time before any contract has been made under 
it. But after a contract has been made, or an individual has in- 
curred any expense or liabilities in consequence of a vote of the 
district, they cannot, with justice, rescind it. And if rescinded, 
they will be held liable to make good all damages and losses in- 
curred. [See § 46. 

120. Taxation. The districts have power to purchase, hire 
and repair school houses, provide black boards, maps, furniture, 
a clock or time-piece, a school library, bell, record and account 
books, mats, scrapers, water pails, and other necessary and useful 
appendages. The law gives them a general power to tax for 
school purposes. They may tax to pay rent of a hired house. 
They may also tax to repair a hired house, provided they have a 
valid lease of it for a definite period. And to guard against any 
abuse of this power, the tax must be approved by the school com- 
mittee, and the plans for building and repairs must also be ap- 
proved by the committee or Commissioner. And in all cases of 
laying taxes, it would be better to specify the precise amount, or 
the precise rate of the tax. 

Fuel and tuition (over and above what is received from the 
town and State money) may be raised, either by a tax on the 
property of the district, or by an assessment on the parents of the 
scholars. [See <^ 59.] But an assessment for this purpose must 
be authorized by the district, except that the trustees are author- 
ized to raise a rate suificient to keep a four months' school. And 
the votes must in all cases be approved by the school committee. 

[See the Forms and Notes, and especially the Notes to the 
Form of a vote for laying a tax.] 

121. Use of School House for other purposes. A school 
house, built or bought by taxation on the property of the district 
should not be used for any other purpose than keeping a school, 



UNION or DISTRICTS — DISTEICT CLERK. 59^ 

or for purposes directly connected with education, except by the 
general consent of the tax paying voters. The law gives the dis- 
trict the power of raising money by tax for no other purposes. 
To construe it otherwise, would be indirectly to give to the ma- 
jority of a district the power> to erect a meeting house for them- 
selves, and to tax those of a different persuasion, who constituted, 
the minority, to help build it. But where a school house is given, 
to the district, or built by subscription, its use will, of course,, 
depend upon the terms of the donation or subscription. 

A district cannot vote to dissolve itself Such a vote will be 
wholly null and void. 

Union of Districts. 

122. There are three provisions made in the law for uniting: 
districts. By <§> 50, any two districts may form a partial union, 
for the purpose of supporting a higher, secondary or grammar 
school. This would not, probably, be found so convenient in prac- 
tice as an entire union, under the succeeding sections. 

By § 52, any contiguous districts in adjoining towns may be 
united by the school committees, and by § 51, first enacted June, 
A. D. 1849, adjoining districts in the same town may consolidate 
themselves. When united, they constitute a single district, and 
their affairs must be managed in the same way as if originally one 
district. They may prescribe the mode of notifying their meet- 
ings, lay taxes, &c. But they will be entitled to the same pro- 
portion of public money they would receive if not united. 

District Clerk. 

123. The district clerk should be engaged by the moderator in 
open meeting, and make a record of it. If not engaged in open 
meeting, he should be engaged before some officer mentioned in. 
^62, and have a certificate of it, which it would be better to have 
made in the district record book. When engaged, he may engage 
all other district officers, and should enter all such cases in his!- 
record book. 

He should make himself thoroughly acquainted with all the 
provisions of the law relating to district meetings, notices, &c., as^ 



m DISTRICT TREASURER, 

upon his proceedings and proper management their legality will, 
in many cases, depend. 

When a trustee, treasurer, &c., is elected, the clerk should 
make out and sign and seal a warrant or certificate of his election, 
upon which he may be engaged. [See Forms. 

The clerk should, at the request of any person interested, re- 
cord a motion which is negatived, as well as a motion passed, as 
in many cases a person may be entitled to an appeal. And he 
should record the number and names of the voters on request. 
[<^32. 

In the record of every meeting, it would be well fcr the clerk 
to state how the meeting was notified, and when and by whom 
the notices were posted up. In many cases, at some distance of 
time, it might be important to know how the meeting was noti- 
fied, and the evidence of it should not be left to depend upon 
mere recollection. By "^ 72, the record of the clerk is made 
prima facie evidence that the meeting was legally notified, and 
inhabitants of the district can be admitted to prove the notice. 
But it would be easy and best to preserve one of the original no- 
tices themselves, especially when a tax is to be voted. 

It would be well, also, for the clerk, at the close of every meet- 
ing, to read aloud the minutes he has made of the proceedings, so 
that any mistake may be corrected at the time. 

The clerk is to procure a bound record book at the expense of 
the district. For any wilful neglect or refusal to perform any 
duty, he is liable to indictment, and the Supreme Court would, 
probably, upon application, compel him, by writ of mandamus, to 
perform any duty. [See Clerk, in the Index. 
District Treasurer. 

124. It would be well for the treasurer to have a certificate of 
his election or warrant, [see Form,] and be engaged. He need 
not give bond unless required. [§ 37.] But if the district i-e- 
quires him to give bond, the district should fix the sum and ap- 
{H-ove of the surety or sureties. [§ 37, and Digest, p. 304, § 21. 

His duties are very simple ; to keep the district's money, if 
they have any, pay it out to order, and keep proper accounts of 
it, and exhibit them to the trustees or district when required. 



DISTRICT COLLECTOR — TEACHERS. 61 

District Collector. 

125. [See the Forms for collecting taxes and notes.] If the 
district requires the collector to give bond, the district should fix 
the sum. And it would be well, also, to have the district approve 
of the surety or sureties. [See Digest, p. 304, '§> 19. 

Teachers. 

126. Every teacher is required to keep a register of all the 
scholars attending, their names, ages, names of parents or guar- 
dians, the time when they enter and leave school, and their daily 
attendance, and the dates when the school is visited by the Com- 
missioner, county Inspector, committee or trustees. Forms for 
these registers will be prepared by the Commissioner. He must 
also furnish the trustees or district with such information as may 
be necessary to make the returns required by the school com- 
mittee. 

The teacher should inform the committee of the time of com- 
mencing and closing his school, in order that they may know 
when to visit. 

127. It is important that the register be correctly kept, and 
the average rightly calculated, as upon that depends the amount 
of money the district will receive next year. 

To ascertain the average, place the number of those who have 
attended each half day in a column under each other successively, 
add together, and divide the sum by the number of half days the 
school has been kept. The result will be the average to be re- 
ported. In case the school is kept longer than the four months 
required by law, the committee must use their discretion in fixing 
a rule for calculating the average. It should be uniform in each 
town. Where a summer term and a winter term are kept, and a 
different set of scholars attend each term, the following will pro- 
bably answer : Calculate the average for the first term of four 
months, as before stated. Then, for the other term, take the 
names of all those who did not attend the other term, calculate 
the average of their attendance and add it to the first. 

A uniform rule should be adopted as to the scholars belonging 
to one district who attend school in another. 



62 TEACHEES. 

When a district allows any of the children belonging to 
it to attend school in another district, and pays for them, 
it seems reasonable that the district which pays for them 
should be entitled to reckon them in making out its own 
average attendance. 

128. The teacher should conform to all regulations of the 
school committee, in regard to hours, discipline, books, &c., 
as for any violation of them his certificate may be annulled, 
or he may be dismissed. [§ 56.] He may (if the school 
committee by regulation authorize it) suspend a school tem- 
porarily, until a hearing can be had before the committee, 
in which case he should immediately notify the committee. 

The teacher should assist the trustees, by all the means 
in his power, in making proper reports, as upon the accura- 
cy and fullness of these reports may depend the success or 
failure of many provisions of the law, as well as the w^isdom 
of future alterations of it. 

A teacher should exercise great caution about commenc- 
ing the business of teaching in his own district, and more 
especially when the trustee is his own father, or near rela- 
tive. It is almost impossible, in such cases, to avoid diffi- 
culty. 

The law requires that the teacher should be qualified to 
teach certain branches. But he may teach other branches, 
and should endeavor to qualify himself for teaching the 
higher branches. 

If the teacher has a proper sense of the importance of his 
position, and conducts himself accordingly, he will secure 
to himself the affection and respect of the people of his dis- 
trict, by exerting his utmost powers to promote the moral 
and intellectual advancement, not only of his scholars, but 
of the community around him. The moral influence he 
may exert, by his example and instructions, can hardly be 
estimated. And he may, by encouraging lectures and lite- 
jary meetings, aid in diffusing much useful information. 

129. In regard to the use of the Bible in schools, two 



TEACHERS^ SS 

oT3S€rvations occur here. If the committee prescribe, or the 
teacher wishes to have the Bible read in school, it should 
not be forced upon any children whose parents have any 
objection whatever to its use. In most cases the teacher 
will have no difficulty with the parents on this subject, if 
he conducts with proper kindness and courtesy. In the 
next place, no scholars should be set to read in the Bible at 
school, until they have learned to read with tolerable 
fluency. To use it as a text book for the younger scholars, 
often has the effect of leading them to look upon it with 
the same sort of careless disregard, and sometimes dislike, 
with which they regard their other school books, instead of 
that respect and veneration with which this Book of books 
should always be treated and spoken of. 

130. There is another object, in the attainment of which 
teachers may materially aid. In almost every school, there 
will be pupils studying surveying. By encouraging these 
to survey the limits of the district, he may not only give 
his scholars most valuable lessons in the practice of the art, 
but by overseeing and ascertaining its correctness, may aid 
in procuring a good map of the town and the State. These 
maps might be drawn on a scale of rods to an inch, and 
represent the rivers, roads, principal buildings and farms, 
any remarkable monuments and natural features of the dis- 
trict. Copies could be sent to the school committee, who 
might put them together, and thus obtain a correct map of 
their township. 

131. Power to Punish. The teacher should endeavor to 
€xercise an inspection over the conduct of his scholars at all 
times. But the power to punish for otFences committed 
out of school, is doubtful. 

In a case where a boy had committed a theft out of 
school, the teacher called him to account for it, and pun- 
ished him for refusing to answer. The Court ruled that 
the teacher had no right to punish him for refusing to con- 
fess a crime for which he might be punished at law- 



64 TEACHERS. 

It has always been difficult to define the extent of the 
power of the teacher over his pupils out of school. The 
same difficulty has been met with in other States and coun- 
tries. 

The following, upon this subject, is from an excellent 
French Treatise upon Edacation, by J. WiUm, Inspector 
of the Academy at Strasbourg, p. 176: "The last ques- 
tion which presents itself is, how far teachers should pay 
attention to the conduct of the pupils out of school, and 
especially at the time when they resort to it or return 
home. The road leading to the school is truly a part of it, 
if we may so speak, as well as the play-ground. Conse- 
quently, any disorders committed by the pupils on it, ought 
to be suppressed by the teacher. He ought especially to 
watch over them at their play, for the sake of discipline, as 
well as for that of education in general. Their games are, 
as has been said, of serious importance to him. The con- 
duct of the pupils when under the paternal roof, and every 
where but in the school or the road leading to it, escapes 
all the means of discipline ; but the teacher ought not to 
be indifferent to that conduct, especially in the country ; 
he should carefully enquire concerning it, for the sake of 
moral education. For the same reason, he will have to 
watch over his own conduct out of school, and avoid what- 
ever might tend to diminish the respect his pupils owe to 
him, and which is the chief condition of the success of his 
mission." 

The following remarks upon the same subject, are from 
the Tenth Report of Hon. Horace Mann, late Secretary of 
the Board of Education in Massachusetts : 

*' The question is not without some practical difficulty, 
how far the school committee and teachers may exercise 
authority over school children, before the hour when the 
school begins, or after the hour when it closes, or outside 
of the school house door or yard. 

On the one hand, there is certainly some limit to the 



TEACHEES. 65 

jurisdiction of the committee and teachers, out of school 
hours and out of the school house ; and on the other hand, 
it is equally plain if their jurisdiction does not commence 
until the minute for opening the school has arrived, nor 
until the pupil has passed within the door of the school 
room, that all the authority left to them in regard to some 
of the most sacred objects for which our schools were in- 
stituted, would be but of little avail. To what purpose 
would the teacher prohibit profane or obscene lan- 
guage among his scholars, within the school room 
and during school hours, if they could indulge it with 
impunity, and to any extent of wantonness, as soon as the 
hour for dismissing the school should arrive? To what 
purpose would he forbid quarreling and fighting among 
the scholars, at recess, if they could engage in single com- 
bat, or marshal themselves into hostile parties for a general 
encounter, within the precincts of the school house, within 
the next five minutes after the school house should be 
closed ? And to what purpose would he repress insolence 
to himself, if a scholar, as soon as he had passed the thresh- 
hold, might shake his fist in his teacher's face, and challenge 
him to personal combat ? 

These considerations would seem to show that there 
must be a portion of time, both before the school commences 
and after it has closed, and also a portion of space between 
the door of the school house and that of the paternal man- 
sion, where the jurisdiction of the parent on one side, and 
of the committee and teachers on the other, is concurrent. 

Many of the school committees in this Commonwealth 
have acted in accordance with these views, and have framed 
regulations for the government of the scholars, both before 
and after school hours, and while going to and returning 
from the school. The same principle of necessity by virtue of 
which this jurisdiction, out of school hours and beyond 
school premises, is claimed, defines its extent and affixes 
its limit. It is claimed, because the great objects of disci- 
pline and moral culture would be frustrated without it. 



66 TEACHERS. 

When not essential, therefore, to the attainment of these 
objects, it should be foreborne." 

132. That the teacher may know that the law has amply 
provided for the protection of his school against all who 
may be disposed to disturb it, we publish here the provision 
of the law : 

" Every person who shall be convicted of wilfully inter- 
rupting or disturbing any town or ward meeting, any 
assembly of people met for religious worship, or any public 
or private school, or any meeting lawfully and peacably 
held for purposes of literary or scientific improvement, 
either within or without the place where such meeting or 
school is held, shall be imprisoned not exceeding one year, 
or fined not exceeding five hundred dollars." Digest, p. 
395, § 93. 

A complaint under this act maybe made to the Attorney 
General, or any Justice of the Peace. 

Appeals. 

133. The law has wisely provided a cheap and efficient 
mode of settling all disputes arising under the school law. 
It was intended to save the expense of litigation to districts 
and individuals, and it is believed that it has already had 
the effect of saving a great expenditure of money in this 
way as well as effecting a more speedy settlement of diffi- 
culties, which, if continued, would interrupt the harmony 
of the districts and injure the schools. An appeal may be 
taken to the Commissioner, [see the Forms] and he will 
hear the parties without cost, and his decision is to be final. 
When questions of law arise, provision is made for laying 
them before one of the Judges of the Supreme Court, but 
the Judges will not examine or hear the parties upon the 
facts of the case. 

Any party neglecting to appeal from a vote to tax or as- 
sessment of a tax, cannot question it afterwards, [§66] 
provided the meeting was legally notified, and the tax ap- 
proved, &c. 



DEAF, DUMB, BLIND, IDIOTS, INSANE, — LIBRAEIES. 67 

It has been settled that au appeal brings the whole ques- 
tion up, and that the Commissioner in many cases is not 
confined to confirming or reversing the proceedings appealed 
from, but may make a new decision. 

All appeals, however, should be taken within a reasona- 
ble time, and before any contract is made, or liability in- 
curred, under the vote or act appealed from. If the appeal 
is not made within such a reasonable time, that circumstance 
alone will be a sufficient reason for dismissing it. And 
no appeal will be entertained unless made by the party ag- 
grieved. 

Deaf, Dumb, Blind, Idiots and Insane. 

134. By § 73, the sum heretofore appropriated for the 
deaf and dumb, blind and idiots, is increased to two thousand 
five hundred dollars annually, and the Commissioner of 
Public Schools is appointed to distribute it. 

By a separate act of the Legislature the Grovernor is 
authorized to aid in maintaining poor insane persons at the 
Butler Asylum, at Providence. And by another act the 
sum of fifteen dollars per quarter is appropriated out of the 
State Treasury to aid the towns in supporting their insane 
poor at the Asylum. 

As there are a number of these in every town in the State, 
the school committees, and friends of education and hu- 
manity, should look them up and see that they receive their 
proper share of the appropriations. 

Libraries. 

135. By § 5, towns, and by § 34, districts are authorized 
to maintain school libraries. The act of January, 1840, 
provided for district libraries, but for several years very 
little was done under it. 

By § 75, 76, 77, 78 and 79, provision is made by which 
library associations may form themselves into a corporation, 
without applying to the Assembly for a charter. These 
provisions were first enacted in the School Law of January, 
A. D. 1839. 



68 LIBRARIES. 

Persons wishing to form these associations will find much 
valuable information as to the selection of books, lists of 
suitable books, &c., prepared by Mr. Barnard, in vol. 2 of 
the Journal of the Rhode Island Institute of Instruction. 
Vol. 3 contains the catalogue of the Westerly Library, the 
best school library in the State. This catalogue was pre- 
pared by the Rev. Thomas H. Vail, of Westerly, and is a 
model of what a catalogue should be. 

Specimens of suitable regulations for libraries, will be 
found in the Journal, vol. 2, p. 204. The regulations of the 
Westerly library are in the Journal, vol. 3, p. 433. 

In the greater part of the towns, library associations 
have been formed, and in some towns, several. These 
school libraries alone, now contain a great number of vol- 
umes, accessible to all. In all towns or neighborhoods 
where there are none, exertions should be made at once to 
obtain them. The Commissioner will always be ready to 
aid in every w^av in his power. 

A list of the school libraries already formed, may be seen 
in the Journal, vol. 3, p. 42S. For many of these the pub- 
lic are indebted to the exertions of the late Commissioner, 
Mr. Barnard, aided by several public spirited gentlemen in 
Providence. 

1 36. The following is the proper form for the Constitu- 
tion of an Association^ formed under the above laws : 

Form of Incorporation. 

We, the subscribers, agree to associate and incorporate 
ourselves, for the purpose of maintaining a public library, 

by the name of the , under the provisions contained 

for that purpose in " An Act to revise and amend the laws 
regulating public schools," passed at the June session of 
the General Assembly, A. D. 1S51, and to be governed by 
the following Constitution : 

Article 1. This association shall be called the . 



The Library shall be established and maintained at such 



LIBRARIES. 69 

place or places within the town of as the directors 

may from time to time appoint. 

2. The officers of the association shall be a President, 
Vice President, Secretary, Treasm-er, and Librarian, who 
shall constitute a Board of Directors for the management 
of the business of the association, according to such rules 
as the association may from time to time adopt. 

3. The annual meeting shall be held at , on , 
and any officer shall be elected by ballot, if demanded by 
any members. [The Treasurer and Librarian shall 
give bonds to the corporation in the sum of each 
with security, to the satisfaction of the President, for the 
faithful discharge of their duties.] 

4. Any member, for disorderly or immoral conduct, may 
be expelled, and any officer, for misconduct, may be re- 
moved at any regularly notified meeting of the society. 

5. The Directors may make all such regulations as they 
may deem proper for the government of the Library, and 
prescribe fines for non-compliance, and may, in any case of 
misuse of books, prohibit any person from using the Library 
until satisfaction is made. 

6. The Library shall be held by the association, not in 
shares for the benefit of shareholders, but in trust for the 
public benefit ; to be open to all who shall comply with 
such reasonable rules as shall from time to time be made 
by the association or Directors ; and for the purpose of con- 
tinuing the existence of the corporation, the association will 
from time to time elect as members such persons as they 
shall think most likely to co-operate zealously in promot- 
ing its objects. No member shall be admitted unless pro- 
posed at a previous meeting. 

\_Note to Art. 6. This section will answer for all cases 
where the Library is established by donations, and is in- 
tended to be for the benefit of the whole public. And this 
is undoubtedly the best plan for getting up such libraries. 
In this case, the corporation might be named " The Trustees 
of the Library." But if the Library is intended to be 



70 LIBRARIES. 

owned in shares, and for the benefit of the shareholders, 
this article should be altered accordingly. They will then 
have the power to assess the shares, and to sell them for 
non-payment of assessments. In this case, the shareholders 
will be the members, and compose the corporation. The 
law provides how the shares may be transferred.] 

7. This constitution may be amended at any annual 
meeting, provided notice of the intended amendment has 
been given at some previous meeting. The Secretary shall 
cause this constitution and all alterations thereof to be re- 
corded in the records of land evidence of the town of 
, as the law requires. 



The above are all the provisions necessary to be inserted 
in the constitution. All other j^rovisions had better be 
made in the shape of Rules and Regulations, which might 
be altered from time to time, with less trouble. 

Whenever it is intended to establish a permanent library 
it will always be most prudent to be incorporated as above. 
If a library is owned by several persons unincorporated, it 
will be liable to division, and each one's interest liable to 
attachment. In a corporation the share only could be at- 
tached, and where the corporation hold the library merely 
as trustees,, (as provided in Art. 6, above,) no individual 
would have any attachable interest whatever. 

In the Journal of Rhode Island Institute of Instruction, 
vol. 3, page 433, will be found the constitution of the Paw- 
catuck Library Association, a form differing from the above. 
The Pawcatuck Library is owned by shareholders. 



FORMS. 



These forms have been drawn out in order to assist those 
who may be disposed to undertake any office or duty under 
the school laws, to save them expense and trouble, and to? 
bring about a uniformity af practice, as far as can be done^ 
These forms are not prescribed by law, but are believed tc 
conform substantially to the law, and to be safe precedents* 

137. Warrant, or certificate of electiooi of School Officers. 

To of Greeting. 

This certifies that you the said were at a 

[town or district] meeting, held on the day of 

A. D. 18 chosen to the office of ■ of [the town 

or district No. ] and are by virtue of said appointment 
fully authorized and empowered to discharge all the duties 
of said office, and to exercise all the powers thereto belong- 
ing, according to law. 

.^.^^ Witness my hand, and the seal of said [town or 
< L. s. > clistrict] hereto affixed by me, this 
' day of A. D. 18 



138. Engagement of School Officers. 

Town of A. D. 18 

Before the subscriber personally appeared and 

took an oath to support the Constitution of the United 
States, the Constitution and laws of this State, and faithful- 
ly to discharge the duties of the office of School Committee 



72 FORMS 139, 140, 141. 

[or Clerk, Trustee, Treasurer of school district No. as the 
case may be] so long as he continues therein. 

A. B. Justice of the Peace or 
Notary, as the case may he. 
Note. See § 62 of the law. 



139. Certificate to a Teacher from a Committee. 

The School Committee of the town of hereby 

certify that A. B. of is qualified to teach in 

the public schools in said town, according to the provisions 
of the acts relating to public schools. This certificate is to 
be valid within said town for one year from the date thereof, 
unless previously annulled by the School Committee or 
some superior authority. 

Date. In behalf of the School Committee of said town. 

Chairman, or Clerk. 



140. Certificate from an Ins'pector. 

I, A. B., County Inspector for the county of under 

the provisions of the act relating to public schools, hereby 
certify that C. D. of is qualified to teach in the 

public schools of said county, according to the provisions of 
said act. This certificate to be valid in and throughout the 
county, for the space of two years fro'm the date thereof, 
and if signed by the Commissioner of Public Schools, to be 
valid throughout the State for three years, unless sooner 
annulled according to law. 

Date. A. B., County Inspector. 



141. Form for annulling a Certifi.cate. 
To the Trustees of School Districts in the town of 
and all others it may concern. 

Whereas the School Committee of this town did on the 

day of A. D. 18 issue to of 

a certificate of qualification as a teacher in the 



5F0RM 139, 142. i% 

|)u"blic schools : Now know ye, that upon further examina- 
tion, investigation and trial, the said has been 
found deficient and unqualified, {or the said 
has refused to conform to the regulations made by the Com- 
mittee, as the case may he,) and we do therefore, by the au- 
thority given us by law, declare the said certificate to be 
€innulled and void from this date, of which all persons whose 
•duty it is to employ teachers of public schools, are hereby re- 
quested to take notice. 

By order and in behalf of the School Committee of the 
town of 

r ate. * Chairman, or Clerk. 

Note. — If a complaint is made against a teacher, it will 
In most cases be proper for him to be notified before a de- 
cision on his case. And notice of the annulling should be 
immediately given to the trustees of the district, and gene- 
rally, in order to prevent his being again employed. 



142. Memorandum of a Contract with a Teacher. 

This agreement, made this day of A. D. 

18 between A. B., &c. [trustee, school committee oi* 
agent appointed by the school committee, as the case may 
ie,'] of on the one part, and X. Y. of 

on the other part, witnesses, that the said X. Y. hereby 
agrees to teach, for the compensation herein mentioned, a 
district school in and for said district, [at specify 

the building, if desired] for the term of months 

[or weeks] commencing and ending and 

the said X. Y. further engages to exert the utmost of his 
ability in conducting said school, and improving the educa- 
tion and morals of the scholars ; to keep such registers and 
make such returns to the trustees and to the school commit- 
tee, as may be required of him, and in all respects to con- 
form to all such regulations for the government of said 
school, as may be made by the school committee of said 
6 



74 roKM 143. 

town, and to the provisions of the laws regulating publicr 
schools. And in case the certificate of qualification of said 
X. Y. should be annulled, or if he shall not keep the regis- 
ter and make return, as aforesaid, or should violate such 
regulations as aforesaid, this agreement from thenceforth 
shall be of no effect. And the said [committee, trustee or 
agent,} agree to pay the said X. Y. therefor at the rate of 
per month, [or per week] to be paid at the end 
of each month [or the term] out of the school money by law 
apportioned to said district, and the legal assessments which 
may be made, and in no event out of the private property 
of the contractor. And it is further agreed, that the pos- 
session of the school house and its appurtenances shall at 
all times be considered as being in the trustees, [or school 
committee or agent.] 

"Witness our hands and seals hereto, the day first ,.^.'^^^ 
above mentioned. < l. s. ^ 

Sealed and executed in presence of ] l. s. f 



143. Notice of the first meeting of a District. 

Notice is hereby given that there will be a meeting of 

the legal voters of School District No. in the town of 

at the school house in said district, [if no school 

house, then the school committee must appoint a place] at 

o'clock in the noon on the day of 

A. D. 185 , for the purpose of organizing said 

district, of electing officers for said district for the ensuing 

year, or for the purpose of considering the expediency of 

building [or repairing] the school house in said district, and 

laying a tax on the ratable property of the district therefor, 

[as the case may be] and of transacting any other business 

which may lawfully come before said meeting. 



FORMS 144, 145. 75 

By order and in behalf of the school committee of said 
town. Chairman, or Clerk. 

Date. 

Note. — See the provisions of the law as to notice. As to 
where the notice shall be posted up, see the law. All no- 
tices must be put up five days. And care should be taken 
to preserve evidence that the meeting was properly notified.. 



144. Notice of Annual District Meeting. 

Notice is hereby given to the legal voters of School Dis- 
trict No. of the town of that the annual meet- 
ing of said district, for the choice of officers and the trans- 
action of any other business which may lawfully come be- 
fore said meeting, will be held on the day of 

A. D. 18 at o'clock in the 

noon, at 

C Trustee 
Date. } or 

(Trustees. 

Note. — A special meeting may be called by like form, 
except that the object of all special meetings must be stated. 
All notices must be posted up five days. As to where post- 
ed, see law. 



145. Application to Trustees for Special' Meeting. 

To A. B. &c., Trustee or Trustees of School District 
No. 

The subscribers respectfully request that you would call 
a meeting of the legal voters of School District No. 
as soon as the legal notice therefor can conveniently be 
given, for the purpose of fixing the rate of tuition to be paid 
by the parents, guardians or employers of children attend- 
ing school — of taking measures to establish a school library 
—of considering the propriety of building, repairing or re- 



76 FORMS 146, 147. 

moving a district school house — or of raising money by a 
tax on the ratable estates of the district for the purpose of 
&c., (as the case may be.) 

Pate. To be signed by at least five per- 

sons qualified to vote. 



146. Commencement of District Records. 

For first meeting. At a meeting of the legal voters of 
School District No. of the town of called by the 

school committee of said town, and notified according to 
law, (here in some cases it may be advisable to state partic- 
ularly how the notice was given) and held according to no- 
tice at the district school house, on the day of 
A. D. 18 at o'clock in the noon. 

For Annual Meeting. At the annual meeting of the legal 
Toters of School District No. of the town of 
notified by the trustees of said district according to law — 
(in some cases specify as above) and held according to no- 
tice at the district school house, (or as may be) on the 
day A. D. 18 at o'clock in the 

noon. 

For Special Meeting. At a meeting of the legal voters of 
school district No. of the town of held (in pur- 

suance of an application to the trustees) at on 

and which meeting was duly notified by the 
trustees as the law requires. 

For Adjourned Meeting. At a meeting of the legal voters 
of School District No. of the town of held 

according to adjournment at on 



147. Form for choosing Officers, 8fc. 
The following named persons were chosen to the offices 
set against their respective names, viz : 
A. B., Moderator, 
C. D., Clerk, &c. 



FORM 148. fT 

Or instead of the above, say — 

Voted, that A. B., be appointed Moderator of this meet- 
ing. 

"Voted, that C. D., he appointed Clerk, [or trustee, treasurer, 
&c.] of this district, [in place of 0. P., resigned,*&c., if such be 
the case,] to hold his office until the next annual meeting, and 
until his successor is appointed. 

The clerk then, in presence of the meeting, took the oath in 
the form prescribed in •§> 62, of the Act regulating public schools, 
administered by E. F., Esq., Justice of the Peace, or [Public 
Notary, Moderator, Senator, Judge or Town Clerk.] 

It was moved by A B., and seconded by C. D., that 
and after discussion, the question was put, and the motion was re- 
jected, or adopted. 

Voted, that the Trustee [or trustees] of the district be author- 
ized to fix such a rate of tuition or assessment, for the purpose of 
supporting the public school in this district, the ensuing year, as 
they may deem necessary, subject to the conditions of •§> 59 of 
the School Law. 



148. Vote of a District 'prescribing mode of notifying Meetings. 

Whereas each school district has by law the power to prescribe 
the manner of notifying all future district meetings, voted^ that 
hereafter all such meetings shall be notified by posting up the 
notices signed by the proper officers and for the time specified by 
law, at the following places within this district, viz : on the sign 
post of the tavern now occupied by A. B., on the door of the 
school house, court house, grist mill, or in some conspicuous place 
in the shop or store now kept by A. B., &c., [as the district may 
decide.] 

Note. — Experience shows that notices put up in the inside of a 
house, in a bar room, shop, &c., are very seldom attended to, es- 
pecially if they be in writing, not printed. A sign post, a large 
tree, close by the traveled part of the road, the railing of a 
bridge, the outside of a door, &c., are the places where they 
would be most likely to be seen. In some cases where there is a 
mill, store, &c., out of the district, to which the people of the 



78 FORMS 149, 150, 151. 

district often resort, it would be -well to put up a notice there, in 
addition to the notices within the district. 

But the power to prescribe the mode of notice does not author- 
ize a district to dispense with notice, or to prescribe a less number 
of days than five. 



149. Vote of District to devolve care of School on School 

Committee. 

Voted, (if the school committee of this town consent thereto 
and accept thereof) that all the powers and duties of this district, 
and the trustees thereof, relating to keeping public schools in this 
district, be, and they are hereby devolved on said school commit- 
tee, until this district shall €hoose a new trustee or trustees, or 
shall otherwise legally direct. 

Note. — A copy of this vote, with a proper heading, "at a 
meeting of," &c., attested by the clerk, should be furnished to 
the committee. 



150. Vote of District to build School House. 
Voted, that a school house be erected at or upon for 

the use of the public schools in this district, and that 
be a committee to cause the same to be erected, the said commit- 
tee first procuring the plans and specifications for the building, to 
be approved by the Commissioner of Public Schools, or by the 
committee of the town, according to law, and that the said 
shall have full power, in the name and behalf of the district, to 
sign, seal and execute any contracts which may be necessary to 
carry out this vote, to superintend the execution of said contracts, 
and to do any other matter or thing which may be necessary to 
carry out this vote. 

Note. — The location, (unless before made) must be made by 
the school committee. 



151. Form of a Cordract to build School House. 
Articles of agreement made and executed on the day 



FORM 151. 79 

«of A. D. 18 J between A. B., of on 

ttie one part, anS School District No. of the town of 

county of State of on the other 

part. 

The said A. B., for himself, his heirs, executors and adminis- 
trators, doth hereby covenant and agree with the School District 
and their assigns, that he, the said A. B., his heirs, executors 
and administrators, for the considerations herein expressed, shall, 
and will, within the space of months from the date here- 

of, erect, build and completely cover over and finish, upon-— 
(here describe the lot) and upon such spot in said lot as said 
School District, or their proper officers may direct, a house, out- 
buildings and fences, for the purpose of a district school house 
and appendages, according to plans, elevation and specifications 
more particularly expressed in a schedule hereto attached and 
signed by said parties, and which is hereby made part and par- 
cel of this agreement ; and also shall and will perform and exe- 
cute all the works mentioned in the said schedule, and in the 
manner therein mentioned, and within the time aforesaid ; and 
also shall and will furnish and provide at his own charge, good 
and sufficient materials of the sorts and quality expressed in said 
schedule, and all such other materials as may be necessary for 
the erecting and fully completing the house, out-houses and 
fences aforesaid, according to the plans and specifications afore- 



And it is further agreed between said parties, that if the said 
A. B., his heirs, executors or administrators, shall not within 
the space of time above mentioned, finish and complete all said 
works as aforesaid, then said School District, or their agent, may 
go on and complete said works, at the cost and charge of the said 
A. B., his heirs, executors and administrators, and may deduct 
the same from the compensation herein agreed to be paid for said 
buildings and works ; and the said A. B., his heirs, executors and 
administrators, shall also be liable for any other damages incurred 
by said district by said failure, and shall also be liable to said 
district for any damages incurred by any other unreasonable de- 
lay in completing the works aforesaid. 



80 FORM 151«. 

And the said School District doth hereby covenant and agree- 
with the said A. B., his heirs, executors, administrators and as- 
signs, that upon the completion of said works as aforesaid, the- 
said School District shall and will pay to the said A, B., his ex- 
ecutors, administrators or assigns, on or befare the day 
of A. D. 18 , the sum of dollars, as full 
compensation for his services in building and completing said 
works. 

And it is further agreed, that if said School District or their 
agents shall direct any more work to be done upon or around sai(J 
buildings than is herein before agreed, the said district shall pay 
the expense thereof in addition to the compensation aforesaid^ 
And if said district, or their agents, shall direct to omit or di- 
minish any part of the work herein before agreed to be done and 
expressed in said schedule, then there shall be deducted from 
said compensation, a reasonable sum, according to the proportion 
said work omitted may bear to tho work hereia first agreed to be- 
done. And said district, or their proper agents, shall have a 
right to direct any additions or omissions as aforesaid, and tha 
fartj of the other part shall be bound to comply with and per- 
form the said directions* 

[Clause ta refer to arbiiration.] 

And lastly, it is hereby agreed between the parties aforesaid,, 
that if any dispute shall happen between the said district or its- 
agents, and the said A. B., his heirs, executors, administrators oir 
sjssigns, in relation to the buildings herein agreed to be erected,, 
work to be done, the payment of the money,, or concerning the- 
value and expense of any work directed to be added or omitted 
as hereinbefore mentioned, or concerning any other matter or 
thing whatever, relating to- the construction of this agreement, or 
the amount of any damages claimed by either party, under its. 
provisions, or for any alleged violation thereof, then in such case- 
such dispute shall, upon the demand of either party, be left to^ 
the award and determination of three indifferent persons, one ta= 
be appointed in writing by each of said parties, immediately 
thereafter, and a third to be appointed in. writing, by the two per- 



FORM 152. 81 

sons so first named. And the said parties hereby covenant and 
agree with each other, that they will severally abide by, perform 
and keep the award and determination of the said three persons, 
or any two of them, touching said disputes, provided said award 
be made under the hands and seals of said arbitrators, or any two 
of them, within from the time of said reference. 

In testimony whereo^, the said A. B. hath hereto set his hand 
and seal, and said district have hereto affixed their seal, by the 
hands of duly authorized for that purpose, 

who hath [or have] hereto also set their own hands. 

Sealed and delivered in presence of >■ — ^ 

A. B. 



Names of committee or agents. 



L. S. 



L. S. 



Note. — If the district wishes a surety for the performance of 
the contract of A. B., it may be taken by a bond, conditioned 
for the performance by A. B. of the covenants and agreements in 
an instrument dated [and then briefly describe it.] 



152. Yote of District to Tax. 

At the annual meeting of the legal voters of School District 
No. of the town of held at 

on according to legal notice issued and signed by 

and posted up at for the five days 

previous required by law — \or, at a special meeting of, &c., 
called by, &c.] 

Whereas, this district has voted to build a school house in and 
for said district — \or to repair the district school house.] Voted, 
that for the purpose of defraying the expenses thereof, a tax of 
the sum of dollars be assessed upon, levied 

and collected from the ratable property in this district, in man- 
ner provided by law, the school committee of the town having ap- 
proved of the amount of tax before mentioned for the purpose 



82 ?'ORM 152. 

aforesaid, and that the assessment be made according to the esti- 
mate, apportionment and value affixed to said ratable property 
in the last assessment and tax bill made out by the town assessors 
— [or according to the estimate, apportionment and value which 
shall be affixed to said ratable estates in the assessment and tax 
bill of this town which shall next be completed after the date of 
this vote.] 

Note. — In case of laying a tax, it is important that the notice 
of the meeting should be legally given, and that evidence of the 
notice should be preserved. 

All taxes must be voted and collected according to the present 
school act, all the former town and local acts being repealed. 

On laying a tax, or on any question relating to the expendi- 
ture of money, those only are entitled to vote who shall have paid 
or are liable to pay taxes. (§ 32.) 

If the district vote to have their tax assessed according to the 
last town valuution, the trustee or trustees will immediately pro- 
ceed to make out the tax bill accordingly. If there are any com- 
plaints of wrong valuation, it would be well for the district to 
postpone the tax until the next town assessment is completed, to 
give the parties an opportunity to be heard before the town as- 
sessors. 

If any property within the district is assessed to any person to- 
gether with property out of the district, so that there is no sepa- 
rate valuation of that portion which may lie within the district 
lines, and in the other cases referred to in § 45, the trustees 
should apply in wi'iting to one or more of the town assessors, liv- 
ing out of the district, stating the names of the parties so situa- 
ted, and the assessor will immediately issue a notice, and at the 
expiration of the ten days proceed to decide and apportion the 
valuation. The assessor should certify the facts upon the tax 
bill when made out. As the assessor is called upon to act in 
these cases solely upon business of the district, his fees should 
be paid by the district. The trustee should see that the assessor 
has taken his engagement before he acts in the case. 

Persons must be taxed for personal property according to their 
residence when the assessment is made. The general rules as 
to taxation is that personal property shall be taxed to the owner 
where he resides, and real estate Avhere it lies. A few excep- 
tions from this rule made by statute are hereafter referred to. 

If any property has changed owners since the last town valua- 
tion, it of course must be assessed to the actual owners at the 
time the school tax bill is made out. This is the reasonable con- 
struction of the law. 



FORM 152. 83 

The following is an abstract of the existing tax laws of the State ; 
but a collector before proceeding to act, should always inquire if 
they have been altered or amended : 

In assessing a tax, real and personal estate must be valued 
separately, and put in separate columns, and the assessors must 
distinguish those who give in a list. Digest, page 427, <§> 7. 
They may assess it either to the owner or occupant. Digest, 
page 426, *§> 6. It should not be assessed against a person de- 
ceased. If the last town assessment is defective in any legal 
requisites, the district may vote to go by the next assessment, 
and in the mean time endeavor to have them remedied. 

Meeting houses, school houses, academies and colleges, the 
land on which they stand, and burial grounds, are exempted from 
taxation. Digest, p. 431, § 27. Buildings on leased land are 
to be deemed real estate, p. 432, § 34. The custom houses in 
Newport and Providence are exempt. Digest, p. 64. No poll 
tax can be laid for any purpose, p. 297, § 8. It has been de- 
cided in Massachusetts, that a person residing on land ceded to 
the United States, and where the State has only reserved a right 
of serving process, is not taxable. 8 Mass. Rep. 72 — 1 Metcalf 
Rep. 680. Machinery in cotton and woolen factories is to be 
taxed in the towns where located, in the same manner as if the 
owner resided there. Digest, p. 432, <$> 32, and see also Digest, 
p. 261, §1. 

Personal property in trust, the income of which is to be paid 
by some other person, must be assessed to the trustee in the town 
where such other person resides, if in the state, but if such other 
person lives out of the state, then it is to be taxed where the 
trustee, executor, &c., resides. Digest, p. 432, § 31. 

Personal property in the hands of executors, guardians, &c., 
is to be taxed to them in the town where the deceased dwelt or 
the ward resides. Pamphlet Laws, p. 744, ^ 8. 

Collection of Taxes. The mode of distraining and selling 
personal property is pointed out in Digest, p. 115, § 9, and in 
Pamphlet Laws, p. 744, § 6. The mode of notifying and selling 
land for taxes is prescribed by Digest, p. 430, § 22, and Pamph- 
let Laws, p. 745, § 7, If he find no real or personal estate, he 
may commit the body. Digest, p. 427, § 10. If a person is 
taxed for more than one parcel of land, the whole tax may be col- 
lected out of any one parcel. Digest, p. 432, *§> 35. If real es- 
tate is assessed to the tenant, the tenant's own real and personal 
estate is liable to be taken for the tax, and if that cannot be 
found, the land in his occupation is liable. Digest, p. 426, § 6. 
A tax warrant remains in force until the whole tax is collected. 
Digest, p. 431, § 24. The collector's fees are to be paid out of 



84 FORM 153. 

tlie district treasury, and will be five per cent., unless he makes 
a different agreement "with the district. Digest, p. 431, <5> 25. 
If the collector dies or resigns, the new collector Avill have power 
to complete the collection. Digest, p. 304, •§> 20. The oath of 
the collector is admitted to prove a demand. Pamphlet Laws, p. 
743, <§> 5. Any district may offer a deduction to those who pay 
in time, or impose a per centage on those who do not. Pamphlet 
Laws, p. 743, § 3. 

Any person committed to jail for a tax, rate or assessment, may 
swear out in the same manner as if he was committed for town 
taxes. And any person assessed for tuition may take the poor 
debtor's oath before being committed. School Act, •§> 61. 

The uniform, arms, ammunition and equipments of an officer 
or private in the militia, cannot be distrained for taxes. Digest, 
p. 510, §54. And household furniture, family stores, tools, &c., 
are in some cases protected from distress by Digest, p. 114, § 8. 

Owners of real estate or buildings sold for taxes, may redeem 
within six months after sale, on paying to the purchaser the 
amount paid therefor, with twenty per cent, in addition. Digest, 
p. 423, § 36. 

By the new school act, the trustees are to assess the taxes (except 
in the cases where an assessor is to be called on) and the trustees 
issue the warrants immediately to the collector. And the district 
may vote to have it collected by the town collector. §§ 37 and 42. 

Any person neglecting to appear before the assessor after no- 
tice given, has no remedy. § 45. Any tax or assessment not 
appealed from cannot be questioned in court afterwards. § 65. 
Provision is made for correcting errors and reassessing a tax, 
*§> 47. As to cases of persons affected by a change of boundaries 
of a district, see §48. 

See Tax in the Index. 



153. Form of a Tax Bill. 
Assessment of the taxes upon the ratable estates in School 
District No, of the town, &c., made by the trustees 

thereof, according to law, this day of A. D., 

18 for the purpose of raising the sum of dollars, ac- 

cording to a vote of said district, passed on the day of 

A. D. 18 



Names. Real. 



Personal. 



Total. 



Tax. 



Note. — The trustees should sign the tax bill. If the town 
assessors are applied to, it would be well to have them make their 
certificate at the foot of the tax bill, and sign it. 



FORMS 154, 155. 85 

154. District Treasurer' s Bond, 

Know all men, that we, A. B. of county of 

and State of Rhode Island and Providence Plantations, as prin- 
cipal, and C. D. of county of and State afore- 
said, as surety, [surety or sureties to the satisfaction of the dis- 
trict] are firmly held and bound unto the school district. No. 
of the town of and State aforesaid, in the full sum 
of [to be fixed by the district] to be paid to the school district, 
or their assigns, to which we hereby jointly and severally bind 
ourselves, our several and respective heirs, executors and admin- 
istrators. Sealed and dated the day of 
A. D. 18 

The condition of the foregoing obligation is, that whereas the 
said A. B. was, at a meeting of said school district, holden 
appointed treasurer of said district. Now, if he shall faithfully 
discharge the duties of said office during his continuance therein, 
and at the expiration of his office he or his executors or adminis- 
trators shall exhibit a true account, if required, and deliver over 
to his successor, or the order of the district, all books, papers 
and moneys belonging to the district, in his hands, then the above 
obligation is to be void, otherwise to remain in force. 

Executed in presence of C > 

Note. — It may be advisable for the treasurer to receive a 
formal certificate of appointment, or warrant, and then his en- 
gagement can be endorsed upon it. The above bond need not be 
given unless the district require it. See the form of oath and 
see <§> 124, 125. 



155. District Collector'' s Bond. 

Know all men, that we, A. B. of State of Rhode 

Island and Providence Plantations, as principal, and C. D, of 
as surety, are firmly held and bound unto E. F. of 



86 FORM 155. 

Treasurer of School District No. in the town of 

and State aforesaid, in the full sum of [to be fixed bj the diS' 
trictj not exceeding double the tax] to be paid to said 
his successors in said office, or assigns, to which we jointly bind 
ourselves, our several and respective heirs, executors and admin- 
istrators. 

Sealed and dated this day of A. D. 18 

The condition of this obligation is, that whereas the said A. D, 
was, at a meeting of the legal voters of School District No. 
of the town of appointed collector of the rates and 

taxes asssessed and to be assessed in, by and upon said district, 
and the said A. B. has accepted said office ; and whereas said dis- 
trict on the day of A. D. 18 voted that a 
tax of be assessed on all the ratable property in 
said district, for the. purpose of 

and said tax has been legally assessed, and the trustee of said 
district hath issued his warrant to said collector, with said rate 
bill annexed, for the collection of said tax, the receipt of which 
said rate bill and warrant is hereby acknowledged, and by which 
said warrant, said tax is to be collected and paid over, on or be- 
fore the day of A. D. 18 Now if the 
said A B. shall faithfully perform and discharge said office and 
trust, and with diligence and fidelity, levy and collect, as far as 
may be done, all the taxes that have been, or may be so commit- 
ted to him for collection, during his continuance in office, and he, 
his heirs, executors or administrators shall at all times on proper 
demand, render an account and pay over all the proceeds of such 
collections to the treasurer of said district, or his successors in 
office, according to the directions contained in the warrants for 
their collection, then this obligation is to be void, otherwise to re- 
main in force. 

Executed in presence of -^^^^ 

^ L. s. f 



{...} 



FOESis 156, 157. 87 

Note. — ^The collector need not give bond, unless required. See 
^125. 



156. Warrant to collect a Tax. 

To A. B., Collector of Taxes of School District No. of 

the town of county of and State of 

Rhode Island and Providence Plantations : — Greeting. 

You, having been appointed collector of taxes for said district, 
are hereby, in the name of said State, authorized and required to 
proceed and collect the tax specified in the annexed rate bill, ac- 
cording to law, and to pay the same to the treasurer of the dis- 
trict, or to his successor in office ; and for so doing this shall be 
your sufficient warrant. 

Given under my hand and seal, at this 

day of A. D. 18 



C. D. 



L. S. 



Trustee of said School District. 

Note. — The collector should also receive from the district clerk 
a warrant or formal certificate of election, which may be in sub- 
stance according to form No. 137. And then his engagement 
can be certified upon the back. 

The district should approve the sum and sureties of the bond, 
and the clerk should certify the fact thereon. 



157. Form of Tax Collector's Deed. 

To all to whom these presents may come. I, A. B. of 
county of and State of Rhode Island and Providence 

Plantations, Collector of Taxes of School District No. in 

said town, send Greeting : 

Whereas the said school district, at a meeting duly notified, 
and held on the day of A. D. 18 voted 

that a tax of dollars be assessed on the ratable property 

in said district, for the purpose of and 



88 FORM 157. 

said tax was afterwards, viz : on the day of 

A. D. 18 assessed according to law, and the tax bill 

in due form delivered to me the said Collector, with a warrant at- 
tached thereto, signed by the trustees of said district, requiring 
me to proceed according to law and collect the said tax, and pay 
over the same to the treasurer of the district, or to his successor 
in office, and whereas C. D. of neglected to pay the tax 

assessed against him, and expressed in the said tax bill, amount- 
ing to the sum of dollars, and in consequence there- 
of, I did on the day of levy said warrant 
upon a certain lot or tract of land belonging to said C. D. in said 
district, and did advertise the same for sale according to law, at 
two [or more] public places in said town, for twenty days pre- 
vious to sale, [and also in the a newspaper printed 
in ] and on the day of A. D. 
18 at o'clock in the noon, on the premises, being the 
time and place appointed, I proceeded to sell at auction so much 
of said land as was necessary to satisfy said tax and the inciden- 
tal expenses, and E. F. of was the highest bidder 
therefor. 

Now, know ye, that in consideration of the sum of 
dollars, being the amount of said tax and expenses paid me by the 
said E. F., I, the said Collector, do hereby give, grant, bargain, 
sell and convey unto the said E. F., his heirs and assigns, all the 
right, title and interest which said C. D. had at the time of asses- 
sing said tax, in and to the following described tract of iand,*sit- 
uated in the district and town aforesaid, containing 

acres, [more or less] and 
bounded [describe] or however otherwise bounded, with all [build- 
ings] and appurtenances, being so much of said land of the said 
C. D. levied on as was necessary to satisfy said tax and expenses. 
To have and to hold the same to said E. F., his heirs and assigns 
forever, subject to the right of redemption provided by law. And 
I, the said A. B., for myself, my heirs, executors and administra- 
tors, do covenant with the said E. F., his heirs and assigns, that 
I [have given bond and] have advertised said property as herein 
before stated, and have complied with the terms of the laws regu- 



S'OHM 158. W 

lating the collecting of taxes, in respect to said sale, as herein be- 
fore stated. 

Witness my hand and seal, this day of 

A. D. 18 

Signed, sealed and delivered in presenco of 

A. B. 




Town of, &c. A. D. 18 Before 

me the subscriber, a^ppeared A. B. Collector of taxes of school 
■district No. of the town of and acknowledged 

the foregoing to be his free act and deed, and his hand and seal to 
be thereto affixed. 

0. P. 
Justice of the Peace, Notary Public or Town Clerk. 

Note.— In case of unimproved lands owned by persons 
■out of the State, and also of improved lands where neither 
the owner nor occupant lives in the State, notice of the sale 
must be given twenty days in a newspaper. Digest p. 428 
■^IS. The purchaser under a tax collector's deed should 
see that the law has been complied with, and that his evi- 
dence of advertising is preserved. 



158-0 Form of a Rate Bill for Tuition, 6/'c. 
Rate bill or assessment of rates for tuition against the 
parents, guardians and employers, sending children to the 
■district school, or persons attending school in School Dis- 
trict No. of the town of for the term 
of school commencing and ending 
made out this day of A. D. 18 towards 
the expenses of tuition, fuel and other expenses. 



Names of persons 
^ignec 



No. sent. 




Time sent. 



Trustees^ 



Assessment. 



90 FORM 159. 

Note. — This rate bill is to be collected in the same man'- 
ner as the tax bill, and the same forms will answer with a 
little variation to suit the case^ Any poor person liable for 
tuition, may, if the district or trustees refuse to exempt 
him, take the poor debtor's oath, either before or after be- 
ing committed to jail. 

159. Form of a Lease. 
These articles of agreement made this day of 

A. D. 18 witness that A. B. of doth 

hereby demise and let unto the School District Ko. 
of said town, (describe the room or building) with the ap- 
purtenances, in consideration of the rents and covenants 
by said school district herein mentioned to be performed, 
to have and hold the same to said school district and their 
assigns for the space of year, commencing on the 
day of A. D. 18 and ending on the 

day of A. D. 18 for the purpose of keeping 

a district school therein, and holding such schools or lec- 
tures or other literary meetings, or meetings of business, as 
the school committee or the officers of said district may 
deem advisable for promoting the cause of education. And 
the said district agrees to pay therefor the sum of 
per annum as rent, and at that rate for any less time than a 
year, the payment to be made to the said A. B., his heirs 
or assigns, at his residence, on the last day of the year,- \or 
on the last day of each year in the term,] without any no- 
tice or demand therefor [provisions about repairs, loss by 
fire, &c., may be here inserted.} Witness the hand and 
seal of the said A. B. and the seal of the said district here- 
to affixed by by said district duly authorized, the 
day and year first above mentioned. 

Sealed and executed in presence of '■^-^^ 

J L. S. [ 



^.s.( 



FORMS 160, 161. 91 

160. Power of Attorney to take a Lease. 

Note. — The District may authorize a person to execute 
this lease for them by a vote as follows : " Voted that the 
Trustees of the District [or Treasurer] be and they are 
hereby fully empowered to hire a building for the purpose 
of a school house for the district, [here specify the building 
and fix the time and conditions or leave them at discretion] 
and to make and execute the necessary contracts therefor, 
and to seal, deliver and acknowledge the same in the name 
and behalf of the District." If the lease is for a year or 
less time, it may save trouble to take the lease in the name 
of the trustees themselves. If the above is to be acknow- 
ledged, see the form of acknowledgment to No. 163. 



161. Deed to a School District. 

Know all men that I, A. B. of in the State 

of Rhode Island and Providence Plantations, in considera- 
tion of the sum of paid me by C. D., Treasurer of 
School District No. in the town of and State 
aforesaid, the receipt of which I acknowledge and am 
therewith fully satisfied and paid, [if a gift say in considera- 
tion of my desire to aid and assist in diffusing the benefits 
of a good common school education among the inhabitants 
of School District No. &c., as the grantor pleases] do 
hereby give, grant, enfeoff, convey and confirm unto said 
School District and their assigns, a certain lot of land situa- 
ted in said town of [describe] or however other- 
wise bounded, with all the appurtenances and privileges 
thereto b.elonging, to have and hold the same forever to the 
said school district [and their assigns, but if there is a desire 
to prevent thelot ever being used for any other purpose, omit 
assigns, and say, for the purpose of maintaining thereon a 
district school house and its appurtenances, for the benefit 
of the district school of said district, and for no other use 
or purpose whatever.] And I the said A. B. do hereby for 
myself, my heirs, executors and administrators, covenant 
and engage to and with said school district [and their as- 



92 FORM 161. 

signs] that the premises are free of all incumbrances, that I 
have good right to sell and convey as aforesaid, and that I, 
my heirs, executors and administrators shall and will forever 
w^arrant, secure and defend the premises to said school dis- 
trict [and their assigns, or to and for the purpose aforesaid] 
against the lawful claims of all persons whatsoever. And 
I, E. F. wife of the said A. B. for the consideration paid 
my said husband, hereby release unto said school district 
(and their assigns) all my right of dower in the premises. 
(If the premises are under mortgage a release may be here 
inserted.) And I, Gr. H. of in consideration of 

the sum of paid me by to my full 

satisfaction, do hereby give, grant, bargain, sell, assign and 
convey unto said school district (and their assigns), all the 
right, title and interest which I have in the premises by 
virtue of any mortgage deed thereof, (or of any other claim 
or title whatsoever.) In witness whereof we have hereto 
set our hand and seals this day of 

A. D. 18 

Signed, sealed and delivered, ^ r^-^^s 

in presence of > ^ l s ^ 



{'-■'■] 



L. S. 



State of county of town of 

A. D. 18 This day personally appeared before me 

and acknowledged the foregoing instrument to be 
voluntary act and deed and hand and seal to be thereto 
a,ffixed. 

Before me, O. P., Justice of the Peace, Notary Public or 
Tovm Clerk, {if executed in Rhode Island.) 



FORM 162, 163. 9^ 

Note. — If the land belong to a married woman, her name 
should be inserted as one of the grantors, and the deed al- 
tered accordingly. She must acknowledge separately from 
her husband. Use the words of the law in the certificate 
of acknowledgment. See Digest, p. 258, <^ 10. 



162. Vote appointing an Attorney to sell land belonging to the 

District. 

At a meeting of the legal voters of School District No. 
of the town of &c., notified as the law 

requires, and held at on the day of 

A. D. 18 

Voted, That A. B., Treasurer of said School District, be 
and he is hereby appointed the agent and attorney of the 
district, to sell at his discretion, a certain lot of land, situ- 
ated in and belonging to the district, containing 
bounded with the buildings and appurte- 

nances, and with full power to affix the seal of the district 
to a deed or deeds conveying the same (with covenants of 
warranty or not, as the district may vote,) and in the name 
of the district to acknowledge and deliver the same, and to 
receive the purchase money, and give a full discharge 
therefor. 

A true copy of record : "Witness, 

E. F., Clerk of said District. 



163. District Land Deed. 

Know all men that the School District No. of the 

town of - county of State of Rhode 

Island and Providence Plantations, in consideration of the 
sum of paid to A. B., Treasurer of said district, 

to and for the use of said district, by M. N. of 
the receipt of which is hereby acknowledged, does hereby 
give, grant, bargain, sell and convey unto the said M. N., 
his heirs and assigns, all the right, title and interest of said. 



94 FORM 163. 

School District in and to a lot of land situated in said dis- 
trict, containing bounded or however 
otherwise bounded, with all buildings and appurtenances, 
being the same lot conveyed to said district by deed of H. 
I. To have and to hold the same to said M. N., his heirs 
and assigns, forever. In testimony whereof, the said School 
District have hereto affixed their seal, by the hands of said 
A. B., their Treasurer, duly appointed for that purpose, at 
a legal meeting of said district, and the said Treasurer hath 
hereunto affixed his own hand, this day 
of A. D. 18 

A. B., Treasurer, as aforesaid. 

Signed and sealed in presence of < l. s. > 

Acknowledgment. 

State of Rhode Island and Providence Plantations, coun- 
ty of town of A. D. 18 
The School District No. of said town, by A. B., 
their treasurer and attorney for that purpose, by vote of 
said district appointed, acknowledged the foregoing to be 
their voluntary act and deed, and their seal to be thereto 
affixed ; and the said A. B., treasurer and attorney as afore- 
said, also acknowledged his own hand affixed thereto, and 
that the same was the voluntary act and deed of himself 
and of the said district. 

Before me, P. Q., 

Justice of the Peace, or Notary Public, or Town Clerk. 

Note. — It will seldom, if ever, be advisable for a district 
to give anything more than a quit-claim deed. If they wish 
to insert any warranty, it would be best to consult a well 
informed attorney. 



FORMS 164, 165. 95 

164. Order for Money. 
To A. B„ Town Treasurer of the town of 
Pay to C. D. or order, the sum of it being 

for keeping a district school in School District No. 
in this town. 

Date. By order of the School Committee of the town. 

E. F., Chairman or Clerk. 

Note. — It will be the safest course, in all cases, to let 
the money remain in the hands of the Town Treasurer, and 
to give orders for it no faster than it is actually expended. 



165. Notice of Appeal. 

To the School Committee of the town of 
|_ Trustees of School District No. in the town of 

Inspector, or as the case may he.) 

I hereby notify you, that in conformity with the provis- 
ions of the laws regulating public schools, I appeal to A. B. 
Commissioner of Public Schools, from [here specify the 
vote or decision of the committee, trustees, district or in- 
spector, which is complained of.] 

Date. Signed, 

C. D. 

A copy of this notice should be immediately served upon 
the clerk of the committee, clerk of the district, or upon 
the trustee, trustees or inspector, who have done the act 
complained of. And a notice of the appeal should be im- 
mediately forwarded to the Commissioner, which may be as 
follows : 

To A. B., Commissioner of Public Schools of the State 
of Rhode Island and Providence Plantations. 

Whereas the school committee, [inspector, trustees, or 
school district No. of the town of &c.,] 

did at a meeting on the day of A. D. 

18 pass a vote — [here copy or insert the substance, as 
nearly as can be procured.^ I, the subscriber, according to 



9S FORMS 1S6, 16T. 

law, do hereby appeal to you from said vote or deeisio-nj, 
and claim that the same may he reversed. [Here stata 
plainly and briefly the reasons.} 
Signed, 

The Commissioner will immediately app&int a time for 
hearing the case, and notify the parties thereof. If the- 
nominal party, as often happens, be not the party inter- 
ested care should be taken to notify the latter as well as the 
former. 



166. Vote of district to establish a secondary School under § 50i 

Voted^ That this district will unite with School District No.. 
of this town — [or in the adjoining town of ] 

in the establishment of a secondary school, according to the pro- 
visions of § 50 of an Act to revise and amend the laws regulating 
Public Schools, passed June session, A. D. 1851, for the common 
benefit of both said districts ; provided said School District No.- 

shall also give their consent thereto — [within 
from this date] — and that the clerk of the district furnish a certi- 
fied copy of this vote to said School District No. and also* 
to the school committee that — [if said district consents] — they 
may take the necessary measures for establishing said school. 



167. Yote of school cormnittee to form joint district under § 52.. 

Voted, [the school committee of the town of concurring^ 

herewith] that a joint district be formed according to the pro- 
visions of the acts relating to public schools, to consist of school 
district No. of this town, and school district No. of 

said town of and that said districts shall constitute- 

a joint district from the time that the school committee of said 
town of shall concur hercAvith — [or if they have- 

already passed a similar vote say from and after the passage- 
of this vote.] 

Voted further, that the chairman be authorized, in conjunctions 



FORMS 168, 169. 9T 

with the school committee of said town of to cause 

notices to be posted up — [in one or more places in each of the two 
districts — specify them] for the first meeting of said joint dis- 
trict, to be held at on at o'clock in 
the noon [or to be held at such time and place as he may 
agree upon with the school committee of said town of ] 
and that the clerk of the committee furnish a certified copy of 
this vote to the school committee of the said town of 

Note. — A notice signed by the chairman of each committee 
should be posted up in one or more places in each district. After 
trustees are elected, they will notify the subsequent meetings. 



168. Vote prescribing form of District Seal. 

Voted, That the clerk of the district cause to be made a seal 
for the use of the district, with the figure of engraven 

thereon, and the letters or inscription around its 

margin, and that the same is hereby adopted, and declared to be 
the common seal of this corporation, and shall be kept by the 
clerk of the district. 

Note. — Every town, district, or other corporation, shall have 
a common seal, with a suitable device ; but if they have no regu- 
lar seal, any seal that may be affixed to any instrument by their 
authority, for instance a piece of paper attached by a wafer, will 
be considered to be their seal. 



169. Appointment of a County Inspector. 

To A. B. of in the county of 

Know all men, that I, C. D. Commissioner of Public Schools of 
the State of Rhode Island and Providence Plantations, do by the 
authority vested in me by law, appoint you the said A. B. to be 
County Inspector of the Public Schools in the county of 
for the year ending on the first Tuesday of May, A. D. 18 
and you are therefore hereby authorized to examine teachers, and 
give them the certificates of qualification prescribed by law ; to 
visit and inspect the public schools in said county, and to report 



98 FORM 170, 

their state and condition to the Commissioner, under such in- 
structions as maj from time to time be prescribed by said Com- 
missioner, and generally to do and perform all acts which a County 
Inspector may do and perform under the provisions of the laws 
relating to public schools. 

Given under my hand, at this day 

of A. D. 18. 

CD. 
Commissioner of Public Schools. 



170. Foi'in of District Return prescribed by the Commis- 
sioner of Public Schools. 

The following is the form prescribed by the late Commissioner, 
Mr. Barnard, and is the one now used. The present Commis- 
sioner has been several times urged to prepare a shorter form. 
But on the best consideration he has been able to give the sub- 
ject, he is satisfied that it is most for the good of the schools to 
retain the existing form. A trustee, having all this information 
himself, may consider it trifling ; but it is all of importance to 
the school committee. Parts of Nos, 1 and 2 may be omitted by 
school committees in their discretijn, as this information, once 
obtained, will answer for several years. But exact returns of the 
attendance, studies and books should be insisted on. By these 
the committee can ascertain whether improper books are used, 
and whether the teacher exercises proper judgment as to the 
studies and classification of his scholars. The trustee need have 
no trouble with it, if he will only require the teacher to fill it 
out, and there is nothing in the return but what the teacher can 
easily answer. I have seen instances of returns filled out by 
teachers in a manner and temper highly discreditable to them. 
No return should be allowed by a trustee or committee, unless 
the questions are answered in a respectful manner. 

Note. — When there are separate schools kept at different 
times in the year, a separate return is to be made for each school. 



FORM 170. 99 

RETURN respecting the Public Schools iti District No. 
in toivn of for Term commencing 

185 and ending 185 

I.— ISAME, SIZE, POPULATION AND PECUNIAEY 
RESOURCES OF THE DISTRICT. 

Local or neighborhood name, 

Territorial extent or size of district, length breadth 

Number oi families residing in district, 

engaged in agriculture, 

" trade or shop keeping, 

" mechanic shops, 

" factories or mills, 

" navigation, 

" clergymen, lawyers, physicians, 

" inhabitants oi 2X\ a.g(d&, do. under 16 years, 

do. between 5 and 15, 
" registered voters, do. tax paying voters, 

Amount of State and Town money actually expended during the 
present year, 
" of valuation of taxable property in the district, 
" of money raised by tax during the present year, on ' 
property of district, to purchase or build school 
house, site, &c., 
" to repair or furnish old house, 

" to purchase maps, globes and other apparatus, " 

" to purchase library, 

" for wages of teachers, 

" for teachers' board, for fuel, 

Aggregate amount of money raised by tax on the property of the 

district, during the year, for all purposes, 
Aggregate amount raised by rate, or tuition bill, for teachers' 

wages and board, fuel, and other purposes, during the year. 
Amount given by individuals for any purpose during the year, 
Amount received from income of any land or fund, during the 

year. 
Aggregate amount of money expended for all purposes for the 
school year, ending May 



100 FORM 170. 

II.— SCHOOL HOUSE. 

Place where the School is kept — in school house, 

in building built or used for other purposes, 
Date when the school house was built, first cost. 

When last thoroughly repaired, and at what expense, 

By whom now owned, by district, town, proprie- 

tors. 
Furnished with a suitable play ground and out building. 
Material and condition of the building — material con- 

dition, (good, ordinary, bad,) 
Provided with scraper, mat, water pail and cup, 
sink, basin and towel, 
" old broom for feet, pegs, hooks or shelves, 
broom and dust brush, 
No. of school rooms, and size of each, length, width, 

height, 
Arrangement for desks, 
" seats, 

" ventilation, 

" warming, 

Provided with wood shed, or shelter for fuel, 

" shovel and tongs, &c. thermometer. 

Provided with bell, with globe, with clock, hand bell 
for teacher. 
Do. with black board, the size (if any) Do. with map of 

Ehode Island,) 
Do. with outline maps Do. with geometrical 

solids. 

III.— ATTENDANCE, LENGTH OF SCHOOL TERM. 

No. of families who sent children to the School — belong- 
ing to district. 
Do. " " " from out of the do. 

No. of scholars, of all ages, registered during term — belong- 
ing to district, boys girls. 
No. of scholars of all ages, from out of the district, boys, 
girls, 



FORM ITO. 101 

No. of scholars over 15 years of age, boys, girls, 

Do. under 5 years, boys, girls, 

Length of school term in half days, weeks, (10 half 

days.) months, (4 weeks.) 

No. of scholars who attended three fourths of the term and 
more, 
Do. " o?ie half 

Do. " less than one half 

Do. " less than one fourth, 

Average daily attendance of the School during the term. 

No. of scholars belonging to the district who attended 
school in other districts or towns. 

No. of children over 4 and under 16 years of age, who at- 
tended no school, public or private, during the term, 

IV.— STUDIES AND CLASSES. 
No. of scholars who commenced this term in Alphabet, 
Do. who attended during the whole term to Primer 
or Spelling Book, exclusively. 

No. of classes in. 
No. of scholars in Reading, {not including scholars in Sjpel" 
ling Book.) 

No. of classes in. 
No. of scholars in Geography, No. of classes in, 

No. who draw maps. 

No. of scholars in Grammar, No. of classes in, 

No. of scholars in History of the United States, 

No. of classes in, 
No. of scholars in General History, No. of classes in, 
No. of scholars in Etymology, or analysis of language, 

No. of classes in, 
No. of scholars in Definitions, No. of classes in. 

No. of scholars in Mental Arithmetic, No. of classes in, 
No. of scholars in Written Arithmetic, No. of classes in, 
No. of scholars attending to Penmanship, 

No. of classes in, 
No. of scholars in Book Keeping, No. of classes in, 

No. of scholars in Algebra, No. of classes in, 



102 FORM 170. 

No. of scholars in Geometrj, No. of classes in, 

No. of scholars in Natural Philosophy, No. of classes in, 
No. of scholars in Physiology, No. of classes in, 

Ne. of scholars attending to Drawing, Do. composition, 

Do. " Declamation, 

Do. who engage in Vocal Music, 
No. of scholars in other studies, specifying the same, 

No. of scholars not provided with all books necessary in 

the studies pursued by them. 
No. of scholars not provided with a slate. 

V.~E00K8. 

Name of each kind of Text Book used in the school, and the 

number of copies of each kind. 
Dictionary, 

Primer, ' 

Spelling Book, 
Reading, 

Penmanship and Book Keeping, 
Mental Arithmetic, 
Written Arithmetic, 
Geography, 
Grammar, 
History, 
Other studies. 

VI.— TEACHER. 

Name and age of teacher, 

Place (town and State) of birth. 

Do. do. do. residence, 

Date of certificate, and by whom signed. 

No. of terms, or years, of experience as a teacher in any school, 

Do- do. in this school before the present 

term, 
Compensation per month, in money, * 

Aggregate amount in money for term. 
Is the teacher boarded by the district, in addition to his money 

wages? Or does he board himself out of his wages? 



I-OSM 170. IDS 

Arf angements for board — board round At one place, 
If boarded in district, the amount paid, in money ^ for board. 

VII.— SUPERVISION, OR VISITATION. 

No. of visits from Trustees, From Town Committee, 

Do. from Countj Inspector, 

from Parents and others, (not school officers,) 

VIII.— PRIVATE SCHOOLS, LYCEUMS, &c. 

Ko. and grade of Private or Select Schools kept in the district 

during the term. 
No. of pupils attending, Rate of Tuition per term, 

Name of any Lyceum, Debating Society, or Library, with date of 

establishment, number of members, books, &c. 

NAMES OF OFFICERS OF THE DISTRICT, 
Trustees, 
Clerk, 
Treasurer, 
Collector. 



To the School Committee of the Town of 

We, the Trustees of School District No. in said town, 

in conformity with the " Act to revise and amend the laws regu- 
lating Public Schools," do certify that the foregoing form of Dis- 
trict Return, prescribed by the Commissioner of Public Schools, 
has been filled up with due diligence and accuracy ; and that the 
money designated " teachers' money," received from the Treasur- 
er of the town for the year previous to the first day of May, 
185 , was applied to the wages of teachers, and for no other 
purpose whatever. 

Dated at 185 



\ Trustees, 



i04 FO^M 1?1, 

171. Specirtiens 'of Rules and Regulations to he adopted bg 
School Committees for the government of Public Schools. 

We give below, 1st, the rules adopted by the School Committee 
of Smithfield, A. D. 1846 ; 2nd, the rules adopted in North and 
South Kingstown, and some other towns ; 3d, extracts from the 
School Regulations of the town of Portsmouth. See § 97 of 
the Remarks. 

L 

Regulations for the governm,ent of the Public Schools in 
the town of Sm,ithfield. 

PREAMBLE^ 

Teachers and candidates for teachers in the Public Schools, 
previous to entering upon their engagements, should consider it 
of great importance to become familiar with some of the most ap- 
proved plans of teaching and governing a school ; and should en- 
deavor, as far as possible, to possess themselves of definite ideas 
in regard to the solemn duties and responsibilities of their pro* 
fession. 

And in order to aid and assist them in establishing a uniform 
and systematic course of instruction and discipline, the Commit* 
tee would respectfully submit the following 

RULES. 

1. All the teachers of the public schools are required to be at 
their respective school rooms and to ring the bell from ten to fif* 
teen minutes before the time of commencing the school in the 
morning and in the afternoon, and they shall require the pupils 
as they enter the room to be seated in an orderly manner, and 
prepare for study. 

2. The bell shall again be struck or the hand bell rung, j»re- 
cisely at the specified time for beginning the school, as a signal 
for commencing the exercises — previous to which all the scholars 
are expected to be present and to have made all needful prepara- 
tions for carrying on the business of the school, in order to 
prevent all unnecessary movement after the exercises com- 
mence. 

3. All the public schools shall be opened in the morning bjr 



FOEM 171. 105 

reading a portion of the Scriptures, which may be done by the 
teacher alone, or in connection with the older pupils — the whole 
school being required at the same time to suspend all other sub- 
jects and to give proper and respectful attention ; and this exer- 
cise may be followed by prayer or not, at the discretion of the 
teacher. 

4. Every scholar who comes in after the second bell rings, 
must present a satisfactory excuse ; and all who cannot do so, 
shall be considered delinquent and marked tardy on the teacher's 
register, subject to examination by parents, trustees and school 
committee. 

5. No teacher shall permit whispering or talking in school, or 
allow the scholars to leave or change their seats, or to have com- 
munication with each other in school time, without permission, 
but shall strive to maintain that good order and thorough disci- 
pline which are absolutely essential to the welfare of the school. 

6. It shall be the duty of teachers to guard the conduct of 
scholars, not only in the hours of school, but at recess, and on 
their way to and from school, and to extend at all times a watch- 
ful care over their morals and manners, endeavoring to inculcate 
those virtues which lay a sure foundation for future usefulness 
and happiness. 

7. The government and discipline of the school should be of a 
mild and parental character. The teacher should use his best ex- 
ertions to bring scholars to obedience and a sense of duty, by mild 
measures and kind influences ; and in cases where corporal pun- 
ishment seems absolutely necessary, it should be inflicted with 
judgment and discretion, and in general not in presence of the 
school. 

8. Teachers should ever avoid those low, degrading and im- 
proper forms of punishment, such as tying up scholars' hands 
and feet, compelling them to hold a weight in their hands with 
their arms extended, pinching, pulling and wringing their ears, 
cheeks and arms, and other similar modes, which are sometimes 
used, as the committee are decidedly of the opinion that a judi- 
cious teacher will find other methods of governing more consis- 
tent and more effectual; 

8 



106 FORM 171. 

9. In case of obstinate disobedience or wilful violation of or- 
der, a teacher may suspend a pupil from school for the time being 
by informing the parents or guardians and school committee there- 
of, and re-admit him on satisfactory evidence of amendment ; or 
such pupils may, at the discretion of the teacher, be referred di- 
rectly to the committee, to be dealt with as their judgment and 
legal authority shall dictate. 

10. The teachers shall classify the pupils of their respective 
schools according to their age and attainments, irrespective of 
rank or wealth, and shall assign them such lessons as seem best 
adapted to their capacities, and render them all possible aid and 
assistance, without distinction and without partiality. 

11. For the purpose of preserving that system and order so 
essential to a well regulated school, and securing to the pupils a 
thorough knowledge of the subjects pursued, there should be a 
specified time for every exercise, and a certain portion of time 
devoted to it, and in no case should any one recitation interfere 
with the time appropriated to another ; and whatever the exer- 
cise may be, it should receive for the time, the immediate, and, 
as far as practicable, the exclusive attention of the teacher. 

12. No child under the age of four years shall be received as 
a scholar in a district school, unless there be an assistant teacher 
or a primary department. 

13. Exercises in declamation and composition shall be prac- 
ticed by the older and more advanced pupils, at the judgment of 
the teacher, under the advice of the committee. 

14. Singing may be encouraged, and, as far as practicable, 
taught in all the schools, not only for its direct intellectual and 
moral uses, but as a healthy exercise of the lungs, an agreeable 
recreation to the pupils, and an auxiliary in good government. 

15. Needle-work shall be allowed in the primary schools. 

16. The teacher may employ the older scholars, under his di- 
rection, in the management of the school when it can be done 
without disadvantage to them or to the good order of the school. 

17. No teacher shall use or encourage the use of any other 
books than those recommended by the committee, without their 
approbation. 



FORM 171. 107 

18. There shall be a recess of at least fifteen minutes in the 
middle of every half day ; but the primary schools may have a re- 
cess of ten minutes every hour, at the discretion of the teacher. 

19. It shall be the duty of teachers to see that fires are made 
in cold weather, in their respective school rooms, at a seasonable 
hour to render them warm and comfortable by school time ; to take 
care that their rooms are properly swept and dusted ; and that a 
due regard to neatness and order is observed, both in and around 
the school house. 

20. As pure air of a proper temperature is indispensable to 
health and comfort, teachers cannot be too careful in giving at- 
tention to these things. If the room has no ventilator, the doors 
and windows should be opened before and after school, to permit 
a free and. healthful circulation of air, and the temperature should 
be regulated by a thermometer suspended five or six feet from the 
floor, in such a position as to indicate as near as possible the aver- 
age temperature, and should be kept at about 65 degrees Fahren- 
heit. 

21. The teachers shall take care that the school houses, tables, 
desks, and apparatus in the same, and all the public property en- 
trusted to their charge, be not cut, scratched, marked, or injured 
or defaced in any manner whatever. And it shall be the duty of 
the teachers to give prompt notice to one or more of the trustees, 
of any repairs that may be needed. 

22. Every teacher shall keep a record of all the recitations of 
every class ; and of the manner in which every member of the 
class shall aquit himself in his recitation — using figures or other- 
wise to mark degrees of merit. Also, every act of disobedience 
or violation of order, shall be noted ; and the registers shall be 
at all times subject to the inspection of parents, trustees, and the 
school committee. 

23. The following shall be the construction of teachers' en- 
gagements, unless otherwise specified in the written contract. 
They shall teach six hours every day, including the recess, and 
shall divide the day into two sessions, with at least one hour in- 
termission. They shall teach every day in the week, except Satur- 
day and Sunday, and four weeks for a month ; and they may dis- 
miss the school on the 4th of Jul v. on Christmas, and on days of 



108 FORM 171. 

public fast and thanksgiving, and one day out of every montli 
for the purpose of attending a Teacher's Institute, or for visiting, 
schools. 

PUPILS. 

24. Good morals being of the first importance, and essential ta 
their progress in useful hnowledge, the pupils are strictly enjoined 
to avoid all vulgarity and profanity, falsehood and deceit, and 
every wicked and disgraceful practice ; to conduct themselves in 
a sober, orderly and decent manner, both in and out of school ; 
to be diligent and attentive to their studies ; to treat each other 
politely and kindly in all their intercourse; to respect and 
obey all orders of their teachers in relation to their conduct 
and studies, and to be punctual and constant in their daily at- 
tendance. 

25. Every pupil who shall, accidentally or otherwise, injure 
any school property, whether fences, gates, trees or shrubs, or 
any building, or any part thereof ; or break any window glass, 
or injure or destroy any instrument, apparatus or furniture be- 
longing to the school, shall be liable to pay all damages. 

26. Every pupil who shall any where, on or around the school 
premises, use or write any profane or unchaste language, or shall 
draw any obscene picture or representations, or cut, mark, or oth- 
erwise intentionally deface any school furniture or buildings, or 
any property whatsoever belonging to the school estate, shall be 
punished in proportion to the nature and extent of the oifence, and 
shall be liable to the action of the civil law. 

27. No scholar of either sex shall be permitted to- enter any 
part of the yard or buildings appropriated to the other, without 
the teacher's permission. 

28. Smoking and chewing tobacco in the school house or upon 
the school premises, are strictly prohibited. 

29. The scholars shall pass through the streets on their way to 
and from school in an orderly and becoming manner ; shall clean 
the mud and dirt from their feet on entering the school room ; and 
take their seats in a quiet and respectful manner, as soon as con- 
venient after the first bell rings ; and shall take proper care that 
their books, desks, and the floor around them, are kept clean and 
in good order.. 



FOSM 171. 169 

-BO. It is expected that all tlie scholars who enjoy the advan- 
tages of public schools, m\\ give proper attention to the deayili- 
ness of their persons, and the neatness and decency of their 
clothes — not only for the moral effect of the habit of neatness and 
order, but that the pupils may be at all times prepared both in 
conduct and external appearance — to receive their friends and 
visitors in a respectable manner, and to render the school room 
pleasant, comfortable and happy for teachers and scholars. 

-31. No scholar should try to hide the misconduct of his school- 
fellows or screen them from justice ; but it shall be the duty of 
every pupil who knows of any bad conduct, or violation of order, 
committed without the knowledge of the instructor, to the dis- 
grace and injury of the school, to inform the teacher thereof, and 
to do all in his power to discourage and discountenance improper 
behavior in others, and to assist the teacher in restoring good or- 
der and sustaining the reputation of the school. 

32. Every teacher shall keep a copy of these rules and regula- 
tions posted up in the school room, and shall cause the same to be 
read aloud in school at least once in every month ; and in case of 
any difficulty in carrying out these regulations, or in the govern- 
ment and discipline of the school, it shall be the duty of the 
teacher to apply immediately to the committee for advice and di- 
rection. 

' II. 

Regulations for government of Public Schools, adopted in 
North and South Kingstown, ^c. 

TEACHERS. 

1. Every person, before being employed to teach in any school 
supported wholly or in part by public money, shall be found qual- 
ified according to law ; and for any immoral or grossly improper 
conduct, or, for refusing to comply with the regulations of the 
School Committee, or the requests of the Commissioner of Pub- 
lic Schools, shall be dismissed. 

2. The teachers are expected to make the teaching of their 
school the main business, to give to it their best thoughts and ener- 
gies, and to devote themselves to it to the exclusion of all other 
regular employment. And it is recommended that frequent 



110 FORM 171. 

meetings of the teachers be held for the purpose of personal im- 
provement and of giving efficiency to the system of instruction, 
which meetings will be attended once a month by a committee of 
the Board. 

3. It shall be the duty of the teachers to fill all blanks and 
make such returns as may be required of them by law and by the 
school committee or trustees ; and to give notice to the school com- 
mittee, of the time when the term will begin and close, so that 
the school may be visited according to law, and any teacher who 
shall for the space of weeks neglect to give notice as afore- 
said, shall forfeit his pay for that time, unless he renders a satis- 
factory excuse. 

4. In cases of difficulty in the discharge of their official duties^ 
or when they may desire any temporary indulgence, the teachers 
shall apply to the trustees or committee for advice and direction. 

5. The teachers are required to be at their respective school 
houses, at least fifteen minutes before the specified time for be- 
ginning the school in the morning and in the afternoon ; and to 
open their respective school rooms, for the reception of pupils, 
subject to all the rules of order for school hours, as soon as they 
enter the rooms. 

6. The teachers shall enroll the names of scholars as they enter 
the school — and cause all cases of absence and tardiness to be 
marked every morning and afternoon, and any withdrawal from 
school before the hour for closing, except in case of sickness, or 
upon a request stated in writing or in person, by the parent or 
guardian, shall be regarded as an absence. 

7. As regularity and punctuality of attendance are indispensa- 
ble to the success of a school, it is important to maintain the prin- 
ciple that necessity alone can justify absence. Sickness, domes- 
tic affliction, and absence from town are regarded as the only 
legitimate cause of absence. All other cases must be considered 
as in violation of rule, and deriving their only sanction from the 
private authority of a parent or guardian. In every instance of 
absence, a written excuse or personal explanation shall be re- 
quired of a parent, master, or guardian, on the return of the pupil 
to schooL 



FORM 171. Ill 

8. The teachers in each school shall put the pupils into separate 
classes according to their age and attainments ; and shall teach 
them such portions of the prescribed studies as in their judgment 
it shall be most suitable for each class to pursue ; and each scholar 
shall be confined to the studies of his class, unless for good rea- 
sons an exception be made bj the teacher under the advice, or 
with the approbation of the committee. 

9. It shall be the duty of the teachers to use their best en- 
deavors to impress upon the minds of the youth committed to 
their care and instruction, the principles of piety, justice and a 
sacred regard to truth, love to their country, humanity and uni- 
versal benevolence, sobriety, industry, frugality, chastity, modera- 
tion, temperance and those other virtues which are the ornament 
of human society, and the basis upon which a republican consti- 
tution is founded ; and they shall endeavor to lead their pupils, 
as their ages and capacities will allow, into a clear understanding 
of the tendency of these virtues to preserve and perfect a repub- 
lican constitution, and secure the blessings of liberty, as well as 
to promote their own happiness ; and also to point out to them 
the evil tendency of the opposite vices. — [jF?^om Laws of Mas- 
sachusetts.] 

10. It is expected that the teachers will exercise a general in- 
spection over the conduct of the scholars, not only while in school, 
but also during their recess, while in the aisles and yards, and 
while coming to and returning from school. 

11. It is recommended that the school be opened by reading a 
portion of the Bible, which may be read, either separately by the 
teachers, or by the scholars, or by both in connection ; but no 
scholar shall be required to engage in this exercise against the 
expressed wishes of the parent or guardian. 

12. The teachers shall practice such discipline in the schools 
as would be exercised by a kind, judicious parent in his family, 
and shall avoid corporal punishment in all cases where order can 
be preserved by milder measures ; and they shall keep a faithful 
account of all punishments and the offences for which they are 
inflicted — subject to examination by the school committee, or 
trustees. 



112 POEM 171. 

13. For violent opposition, or gross immorality, or indecency, 
or contagious disease, a teacher may exclude a pupil from school 
for the time ; and in all such cases, shall forthwith give informa- 
tion in writing, of the cause thereof, to the parents or guardian, 
and to the school committee. 

14. Whenever the example of any scholar shall be such as to 
be dangerous to the morality of the other scholars or the good 
of the school, and there is no hope of reformation, the teacher 
shall report the case to the school committee for their advice and 
decision. 

15. The teachers shall exert themselves, under the advice of 
the committee, to impart a knowledge of the English language 
(including orthography, etymology, pronunciation, definitions, 
composition, grammar and reading,) writing, mental and written 
arithmetic, geography, and the history of the United States. 

16. The following books are recommended to be used in the 
public schools : no teacher shall permit the scholars to use any 
keys to arithmetics or other mathematical works. 

The following text books shall be used in the studies specified. 
[Here insert the names of such books as have been prescribed, 
or recommended, as the case may be, by the school committee.] 

17. In case any scholar is not provided with the proper books, 
the teacher shall inform the parent, guardian or master thereof ; 
and if such parent, guardian or master shall not within one 
week provide proper books, the teacher shall inform the trustees 
of the district, who shall provide the same in manner prescribed 
by law. 

18. The teacher shall endeavor to combine the use of oral in- 
struction and familiar explanations with the recitation from the 
prescribed books, especially on the subject of morals and man- 
ners. 

19. Needle work may be allowed in the primary schools. 

20. Exercises in declamation shall take place at suitable 
times, at the discretion of the teacher, under the advice of the 
committee. 

21. Singing shall be encouraged, and as far as practicable, 
taught in all the schools, not only for its direct intellectual and . 



FORM 171. 113 

moral uses, but as a healthy exercise of the lungs, an agreeable 
recreation to the pupils, and an auxiliary in school government : 
but no one shall be required to engage in it against the wishes of 
his parents. # 

22. The teacher may, under the advice of the visiting commit- 
tee, occasionally employ the older scholars to assist under his di- 
rection in the management of the school when they are capable, 
and when it can be done without disadvantage to them or to the 
good order of the school. 

23. Every teacher shall keep a record of all the recitations 
of every class, and of the manner in which every member of the 
class shall acquit himself in his recitations, using figures or other- 
wise to mark degrees of merit, and shall exhibit the same to the 
parents or guardians, committee or trustee, when required. 

24. It is recommended that there shall be a recess of at least 
ten minutes in every half day for the older scholars, and of ten 
minutes in every hour, for the younger. 

25. The teachers shall give vigilant attention to the ventila- 
tion and temperature of their rooms, causing those that have been 
occupied to be opened and aired each morning and afternoon, at 
the times of recess, and at the end of school hours ; and they shall 
use all proper means to avoid those injurious extremes of heat and 
cold, which negligence might induce. 

26. The teachers shall take care that their rooms and entries 
are kept neat and clean, and swept as often as necessary, and that 
they be dusted every day. 

27. The teachers shall take care that the school houses, the ap- 
paratus in the same, and all the public property entrusted to their 
charge, be not defaced or otherwise injured by the scholars ; and 
it shall be the duty of the teachers to give prompt notice, to one 
or more of the trustees, of any repairs or supplies that may be 
needed ; and they may prescribe such rules for the use of the 
yards and outbuildings connected with the school houses, as shall 
ensure their being kept in a neat and proper condition, and shall 
examine them as often as may be necessary for such purpose, and 
they shall be held responsible for any want of neatness or cleanli- 
ness about their premises. 



114 FORM 171. 

28. The following rules shall be observed by all teachers unless 
otherwise specified in their written contract ; — they shall teach 
six hours every day, including the recess, and shall divide the 
da^ into two sessions with at least one hour intermission in the 
middle of the day : — they shall teach every day in the week, ex- 
cept Saturday and Sunday, and four weeks for a month. They 
may dismiss the school on the Fourth of July, on Christmas, and 
days of Public Fast and Thanksgiving, and for the purpose of 
attending a Teachers' Institute, and such other meetings as the 
Commissioner of Public Schools may appoint and invite the at- 
tendance of the teachers. 

PUPILS. 

29. Good morals being of the first importance, and essential to 
their progress in useful knowledge, the pupils are strictly enjoin- 
ed to avoid idleness and profanity, falsehood and deceit, and every 
wicked and disgraceful practice, and to conduct themselves in a 
sober, orderly and decent manner, both in and out of school, to 
obey all orders of their teachers in relation to their conduct and 
studies, and to be punctual and constant in daily attendance. 

30. The scholars must scrape their feet on the scraper, and 
wipe them on every mat they pass over on their way to the school 
room ; they must hang their hats, caps and overcoats on the hooks, 
or deposit them on the shelves appropriated to each respectively ; 
and must be held responsible for the neatness of their own desks 
and the floor nearest to their seat, and for the good order of their 
books and stationery. 

31 . No scholar who comes to school without proper attention 
having been given to the cleanliness of his person and of his 
dress, or whose clothes are not properly repaired, shall be per- 
mitted to remain in school. 

32. Every pupil who shall, any where on, or around the school 
premises, use or write any profane or unchaste language, or shall 
draw any obscene pictures or representations, or cut, mark, or 
otherwise intentionally deface any school furniture, or build- 
ings inside or out, or any property whatsoever belonging to the 
school estate, shall be punished in proportion to the nature and 



FORM 171. 11& 

extent of the offence ; and shall be liable to the action of the civil 
law. 

33. Every pupil who shall, accidentally or otherwise^ injure 
anj school property, whether fences, gates, trees or shrubs, or 
any building or any part thereof, or break any window glass, or 
injure or destroy any instrument, apparatus or furnitiire belong- 
ing to the school, shall be liable to pay in full for all the damage 
he has done. 

34. All the scholars shall leave school in good order and 
quietly, as soon as dismissed, unless permitted by the teacher to 
remain ; and all unnecessary noise in or around the school house 
is prohibited. The throwing of sticks, stones or other missiles in 
or near the school house, and the knocking off of caps or hats, are 
strictly prohibited. 

35. No scholar of either sex shall be permitted to enter that 
part of the yard and buildings appropriated to the other, without 
the teacher's permission. 

36. Smoking and chewing tobacco in the school house or upon 
the school premises are forbidden. 

37. There shall be a return made from every school supported 
in whole or in part by the public money, to the School Commit- 
tee, according to the form published by the Commissioner of Pub- 
lic Schools, and with such additional items of information as the 
Commissioner or Committee may from time to time require. And 
if there be summer and winter schools, or there be two or more 
schools of the same or a different grade, a separate account shall 
be given of each school. 

38. Every teacher shall keep a copy of these rules and regu- 
lations posted up in the school room, and shall cause the same to 
be read aloud in school at least once in every month. 

A true copy : Witness, 

III. 

The following are extracts from the Regulations of the School 
Committee of Portsmouth, which were drawn up by Thomas R. 
Hazard, Esq. 

Sec. It shall be the teacher's duty to act as Librarian, and to 



116 FORM 171. 

adopt regulations from time to time for the security and useful 
application of the books ; subject to the approval of any commit- 
tee which may be appointed by the district for that purpose. 

Sec. It shall be required of the teacher to read aloud to his 
pupils either at the commencement or close of the school, in suit- 
able sections, the Constitution of the United States, and of the 
State of Rhode Island, and to encourage his pupils in the perusal 
of such works as may be furnished the school library and ap- 
proved of by the district, as may treat on Commerce, Finance, 
Agriculture, Manufactures, the Mechanic Arts, History of the 
Law of Nations as applicable in their intercourse with each other, 
and on such other subjects as may tend to qualify them to exer- 
cise that important and responsible trust, upon the faithful and 
upright discharge of which the very existence of their country 
may yet depend — " the right of suffrage." 

Sec. It shall be the teacher's duty not only to cultivate the 
intellects of his pupils, but he shall seek proper occasions to pro- 
mote their moral progress and improvement by discouraging the 
expansion of evil propensities ; and instilling into their minds 
every virtuous and elevated sentiment : such as at all times to 
adhere rigidly to the truth, both in heart and word, without re- 
gard to consequences : that they maintain a strict regard to the 
rights and feelings of others ; and that they cultivate friendly 
and compassionate sentiments one towards another, and to all 
living creatures ; that they ever abstain from inflicting unneces- 
sary pain or death on any part of the animal creation : — and finally, 
that they live in conformity with that comprehensive injunction 
of the Savior of men, and which includes every duty of man to 
his fellow man, ''to do unto others as we would that they should 
do unto us." 



SUPPLEMENTARY. 



LAWS PASSED SINCE JUNE, A. D. 1851. 



An Act to limit the houf s of labor and to regulate the employ- 
ment of children in factories. — Passed January, 1853. 

It is enacted by the General Assembly as follows : 

Sectioh' 1. From and after the first day of July next, labor 
performed in any manufacturing establishment, and all mechanical 
labor, during the period of ten hours, in any one day, shall be 
considered a legal day's work, unless otherwise agreed by the 
parties, and no minor, under the age of twelve years, shall be em- 
ployed in or about any manufacturing establishment ; provided, 
that the provisions of this section concerning the hours of labor 
shall not apply to persons employed solely in packing goods in 
any warehouse, or part of a factory not used for any manufactur- 
ing process or for any labor incident to a manufacturing process. 

Sec. 2. If any owner of, or employer in, any manfacturing 
establishment, or his or her agent, shall knowingly and wilfully 
employ any minor under the age of twelve years as aforesaid, the 
person so offending shall pay a penalty of twenty dollars for 
every such offence, one-half thereof shall enure to the complain- 
ant, and the other half thereof to and for the use of the district 
school in the district in which such manufacturing establishment 
is situated. 

Sec. 3. Hereafter, no minor who has attained the age of 
twelve years and is under the age of fifteen years, shall be em- 
ployed in any manufacturing establishment more than eleven 
hours in any one day ; any owner of, or employer in, any manu- 



118 SUPPLEMEISTT AR Y. 

facturing establishment as aforesaid, offending against the prO" 
visions of this section, shall be liable to a penalty of twenty dol^ 
lars for every such offence, and one-half thereof shall enure to 
the complainant, and one-half thereof to and for the use of the 
district school in the district in which such manufacturing estab- 
lishment is situated. 

Sec. 4. From and after the first day of July next, if any pa- 
rent or guardian shall permit or consent to the employment of 
his or her child or ward) under the age of twelve years, in any 
such manufacturing establishment, or of his or her child or ward, 
over the age of twelve years and under the age of fifteen, for a 
longer time than eleven hours in any one day, the person so 
offending shall forfeit and pay the sum of twenty dollars for every 
such offence, to be appropriated as provided in the second section 
of this act. 

Sec. 5. If any parent or guardian shall permit or consent to 
the employment, in any manufacturing establishment, of his or 
her child or ward, under the age of fifteen years, before five 
o'clock in the morning, or of his or her child or ward, under the 
age of fifteen years, after seven and a half o'clock in the evening, 
such parent or guardian, and the owner of, or employer in, such 
establishment, or his or her agent, who shall knowingly and wil- 
fully furnish employment to such minors, shall be liable to a 
penalty of twenty dollars for every such offence, to be appropri- 
ated as provided in the third section of this act. 

Sec 6. The penalties imposed by this act shall be recovered, on 
complaint and warrant before any Justice of the Peace in the 
town where the child employed in violation of its provisions shall 
reside, or where the establishment in which employment is so fur- 
nished shall be located ; and every such complaint shall be com- 
menced within thirty days after the offence complained of shall 
have been committed. 

Sec. 7. In the trial of all actions and complaints arising under 
the provisions of this act, the defendant shall have the same right 
of appeal to the Court of Common Pleas as is provided by law in 
other criminal cases. 



SUPPLEMENTARY. 110 

An Act in relation to the election of School Committees in Little 
Compton and Portsmouth.— Passed January, 1853, 

It is enacted by the General Assembly as follows : 

Section 1. The qualified electors of the towns of Little Comp- 
ton and Portsmouth, may choose their school committee at the 
annual town meeting, holden for election of state officers and 
members of the General Assembly, on the first Wednesday of 
April, instead of the annual town meeting for choice of town 
officers : and all elections of such officers heretofore made on the 
first Wednesday of April in any year, are hereby confirmed. 



An Act to enlarge the powers of the School Committee. — Passed 

January, 1854. 
It is enacted by the General Assembly as follows : 

Section 1. Any school or asylum incorporated by, or receiv- 
ing aid from the State, either by direct grant or by exemption 
from taxation, shall be liable to be examined or visited by the 
school committee of the town or city in which such institution is 
situated, whenever the committee shall see fit. 

Sec. 2. Any such institution refusing to admit such committee, 
when requested, shall forfeit the sum of one hundred dollars, to 
and for the use of the State, to be recovered by indictment before 
any Court of competent jurisdiction ; and their exemption from 
taxation shall also be deemed forfeited thereby. 



An Act to increase the appropriation for the support of Public 
Schools. — Passsed January, 1854. 

It is enacted by the General Assembly as follows : 

Section 1. The sum of fifty thousand dollars shall be here- 
after annually paid out of the General Treasury, for the support 
of public schools, at the same time, manner, and on the same con- 
ditions as now provided by law. 



120 SUPPLEMENTARY. 

Sec. 2. Of said amount, the sum of thirty-five thousand dol- 
lars shall be apportioned by the Commissioner of Public Schools, 
annually, among the several towns, in proportion to the number 
of children under the age of fifteen years, according to the United 
States' census then last preceding ; and the sum of fifteen thou- 
sand dollars shall be apportioned among the several towns, in pro- 
portion to the number of school districts in each town, corporate 
or otherwise ; and ihe proportion in each town shall be paid upon 
the order of the Commissioner in the same manner as now pro- 
vided. 

Sec. 3. The proportion of the aforesaid sum of fifteen thousand 
dollars, which shall be received by any town, shall be, by the 
school committee of such town, equally divided among all the 
districts in said town, in all cases where the town is divided into 
school districts having the management of their own concerns. 

Sec. 4. The sum of five hundred dollars is hereby annually 
appropriated, to be paid to the order of the Commissioner of Pub- 
lic Schools, to be expended in providing suitable lectures and 
addresses in the several school districts, upon the subject of 
education and the best modes of teaching and improving the 
schools, and the Commissioner shall annually report to the 
General Assembly the mode of expending said appropriation. 

Sec. 5. The sum of one thousand dollars is hereby annually 
appropriated, to be expended under the direction of the Commis- 
sioner of Public Schools, in aiding in the support of a Normal 
School, or Institution for the training and qualifying teachers 
for the common schools. Said sum shall be paid to the order of 
said Commissioner, and he shall annually report to the General 
Assembly the expenditure thereof. 



An Act in relation to the election of School Committee in the 

city of Providence. — Passed January, 1854. 
It is enacted by the General Assembly as follows : 

Section 1. The School Committee of the city of Providence 
shall consist of thirty members, to be chosen as follows : — The 



SUPPLEMENTARY. ISl 

©lectors in each Ward, qualified to vote for General Officers, 
shall, at the annual election in April of each year, bj a majority 
of the votes cast, elect two members, who shall hold their places 
for the term of two years thereafter. The Mayor and President 
of the Common Council, for the time being, shall be ex-officio 
members. The City Council shall elect fourteen members of 
said Committee to serve until the annual election in April, A. J). 
1855, and shall be empowered and required, from time to time, 
to fill all vacancies that may occur in said Committee. 

Sec. 2. Any provision of former acts, inconsistent herewith, is 
hereby repealed. 



An Act in amendment of an act entitled an act to limit the hours 
of labor and to regulate the employment of children in fac^ 
tories. — Passed January, 1854. 

It is enacted by the General Assembly as follows : 

Section 1. Hereafter no minor undor the age of fifteen years 
shall be employed in any manufacturing establishment in this 
State, unless such minor shall have attended school for a term of 
at least three months in the year next preceding the time when 
such minor shall be so employed. And no such minor shall be 
so employed for more than nine months in any one calendar 
year. 

Sec. 2. If any parent or guardian shall permit or consent to 
the employment of any minor under the age of fifteen years, in 
any manufacturing establishment, who has not attended or shall 
not attend school as herein before provided ; or if any employer, 
or his or her agent, shall knowingly and wilfully employ any 
minor under the age of fifteen years, in any manufacturing estab- 
lishment in this State, who has not attended or shall not attend 
school as herein before provided, such parent or guardian, or such 
owner, employer or agent shall be liable to a penalty of twenty 
dollars for every such offence, to be recovered and appropriated 
9 



12^ StJPPLEMENTlRT. 

as is by law provided for any violations of the act of wliicli this 
is an amendment. 

Sec. 3. In case of the recovery of any penalty as provided 
under this act, or the act of which this is an amendment, for any 
violation thereof in the city of Providence, one-half of such pen- 
alty shall enure to the complainant and one-half thereof to and 
for the use of the public schools in said city. 

Sec. 4. This act shall not go into effect until the first day of 
July next. 



An Act to establish a State Normal School. — Passed May, 1854. 
If is enacted by the General Assembly as follows : 

Section 1. A sum not exceeding three thousand dollars is 
hereby annually appropriated for the establishment and support 
of a Normal School for the training of teachers of common schools^ 
Said sum shall be paid out of the General Treasury to the order 
of the Commissioner of Public Schools, who shall annually report 
to the General Assembly the expenditure thereof, with the 
vouchers therefor. 

Sec. 2. The fiifth section of the " Act to increase the appropri- 
ation for the support of Public Schools," passed at January ses- 
sion, 1854, is hereby repealed. 



An Act in addition to an act to revise and amend the laws regu- 
lating Public Schools. — Passed June, 1854. 

It is enacted by the General Assembly as follows : 

Section 1. If any person shall keep any swine of any descrip- 
tion, in any pen or other enclosure, within one hundred feet of 
any district school house, or within fifty feet of any fence enclos- 
ing the yard of any such school house, he shall forfeit and pay 
the. sum of twenty dollars, one-half thereof to and for the use af 



StJPPLEMENTART. 123 

the school district in which said offence is committed, and the 
other half thereof to and for the use of the State, which said 
penalty shall he recovered by complaint and warrant, in the name 
of the State, before any Justice of the Peace or any Court exer- 
cising the jurisdiction of Justice of the Peace, in the town or city 
where said offence is committed. 



Resolution relative to schools in Westerly. — Passed June, 1854, 

Resolved, That the trusteees of the first school district in the 
town of Westerly, be, and they are hereby authorized to admit 
into the school of said district, pupils not residing in this State, 
provided it be done with the approbation of the school committee, 
and provided further, that a tuition fee of not less than four 
dollars for the high school and two dollars for the other schools, 
for a term of eleven weeks, be charged to each scholar admitted 
under this resolution, and in making out the returns of scholars 
attending upon any school" where there are pupils admitted, not 
residents of this State, those scholars only who are residents of 
this State and who attend upon such school, shall be included. 



An Act in relation to the salary of the Commissioner of Public 
Schools. — Passed October, 1854. 

It is enacted by the General Assembly as follows : 

Section 1. The salary of the Commissioner of Public Schools 
shall be twelve hundred dollars per annum, payable quarterly to 
his order, out of the General Treasury. 



124 SUPPLEMENTAEY. 

Sec. 2. Said Commissioner shall devote his time exclusively 
to the duties of his office. 

Sec. 3. All acts and parts of acts inconsistent with the provi- 
sions of this act are hereby repealed. 



Resolution relation to School Districts in West Greenwich. 
Passed October, 1854. 
Upon the petition of David Hopkins and others against school 
districts Nos. 3 and 11, in West Greenwich: 
Yoted and resolved^ That the prayer of said petitioners be, 
and the same is hereby granted, and that the boundaries of dis- 
trict No. 3 be and they are hereby restored as they were estab- 
lished before January, 1854, and said school district No. 3, as 
established and bounded before said January last, shall build and 
erect a suitable new school house in said district, on the north- 
east corner of land of Nathan Carr, joining William Hall's land, 
or on a lot in the near neighborhood of said Carr's corner, not 
exceeding a half of a mile south of said Hopkinsville Bridge, to 
be located by the School Commissioner, if not agreed upon by 
said district on or before the first day of October, 1855. And in 
the meantime, and until said new school house is built and erect- 
ed on said lot suitable for said free school district, the free school 
in said No. 3 shall be kept and maintained in the school house 
situate^d on the north side of the village of Hopkinsville, where 
said school was formerly kept, and that the free money distributed 
by law to said district shall be appropriated to the support of said 
free school in said house built on the north side of said district. 
After the building of said new school house on the lot at Carr's 
corner, or on said lot selected, the free school for said district 
shall be kept and maintained therein, and receive the free school 
money appropriated by law to District No. 3, and said school 
house on the north side of said river shall cease to receive the 
free money, and the same, after the first day of October, 1855, 
shall be paid for the support of the free school in the school house 
at Carr's Corner. 



SUPPLEMENTARY. 125 

An Act in relation to the election of School Committee in 
the city of Providence.— Passed January, 1855. 

It is enacted by the General Assembly as follows : 

Section 1. The School Committee of the city of Provi- 
dence shall consist of'forty-four members, to be chosen 
as follows : The electors of each ward, qualified to vote 
for general officers, shall, at the annual election in April, 
1855, by a majority of the votes cast, elect three of the 
residents of said ward as members of the School Committee, 
one of whom shall hold his office for the term of three 
years, one for the term of two years, and one for the term 
of one year ; and the term of service of each member so 
elected, shall be determined by the School Committee 
elected under the provisions of this act, and until others 
are duly qualified to act in their places. At the annual 
election in April in each and every year thereafter, the 
electors of each of the aforesaid wards, in manner afore- 
said, shall elect one of the residents of said ward as a mem- 
ber of the School Committee, who shall hold his office for 
the term of three years, and until others are duly qualified 
to act in their places. The City Council shall, in the 
month of April in each year, elect from the citizens at 
large twenty persons as members of said committee, who 
shall hold their office for the term of one year, and until 
others are duly qualified to act in their places. The 
Mayor, the President of the Common Council, and the 
Chairman of the Committee on Education of the City 
Council, for the time being, shall be ex-officio members of 
said committee. The City Council shall be empowered 
and required, from time to time, to fill all vacancies that 
may occur in said committee : Provided, however, that the 
present School Committee shall hold their office until the 
election in April, 1855, with full power to act in all cases 
the same as if this act had not been passed. 

Sec. 2. All acts and parts of acts inconsistent herewith 
are hereby repealed. 



126 SUPPLEMENTARY. 

An Act in amendment of the Act relating to Public Schools. — 
Passed May, 1853. 

It is enacted by the General Assembly as follows: 

Section 1. It shall be the duty of the School Committee of 
the several towns to transmit to the 'Commissioner of Public 
Schools, on or before the 1st day of July in each year, a written 
or printed copy of their report which, by the 2 2d section of the 
act relating to Public Schools, they are required to make to the 
town at the annual town meeting. 



Resolution authorizing the Commissioner of Public Schools 
to print 1,000 copies of the School Law, Forms and De- 
cisions. — Passed May, 1855. 

Resolved, That the Commissioner of Public Schools be, 
and he is hereby authorized, to cause one thousand copies 
of the act in relation to Public Schools to be printed for 
distribution to the several School Committees and Districts 
of the State. And he is also authorized to cause to be 
printed and to be bound up therewith, the Explanations 
and Forms, prepared to accompany the School Law, by the 
Hon. E. R. Potter, late Commissioner of Public Schools, 
together with the various decisions made by the Commis- 
sioner of Public Schools, and the approvals of said deci- 
sions made by the Judges of the Supreme Court of the 
State. 



DECISIONS UNDER THE SCHOOL LAW. 



Time of Posting Notices^ 
1. It is decided that the " five days inclusive," required for 
notice of a district meeting, means inclusive of both days ; e. g., 
that a notice put up April 1, for a meeting April 5, is legal. — 
In the case of District No. 14, Smithfield. 

Time of Assessing or Collecting Taxes^ 
2.. A direction to assess or collect a tax within a specified 
time, is directory merely, and if, by accident or otherwise, it is 
aiot done within the time fixed, it may be done within a reason- 
able and convenient time afterwards. — In the case of District 
No. 14, SmithfielcL 

Real and Personal Estate separately Assessed. 

3. The law positively requires real and personal estate to be 
-assessed in separate columns, and any assessment made otherwise 
as illegal. — In the case of District No. 14, Smithfield. 

Property partly in a District must be Assessed by Town Assessor. 

4. In cases of property lying partly in and partly out of the 
district, and not distinguished in the town valuation, the appor^ 
tionment must be made by one or more of the town assessors, 
-and notice given as prescribed in case of assessing a town tax. — In 
the case of District No. 14, ^Smithjield. 

Qualijicationio Vote in a District Meeting. 

5. If a person has the qualifications required by the Constitu- 
tion for a voter, it is not necessary, in order for him to vote under 
ithe school law, that his name should be upon the canvasser's 
list. — In the case of District No. 14, Smithjield. 



128 DECISIONS. 

Tax should be Approved before the Warrant is issued. 

6. Altliougli it is prudent to procure a tax to be approved bj 
the school committee before any proceedings are had under the 
vote, yet it is sufficient if the tax be approved before the warrant 
is issued to collect it. — In the case of District No. 14, Smith- 
field. 

Mode of calling Meetings of School Committee. 

7. Although a school committee may provide by law a mode of 
calling meetings of their body, such by-law will not exclude any 
other mode of calling meetings, and, if a quorum be present, and 
all those who are capable of attending have had reasonable notice, 
and there is no charge of unfairness or impropriety in the pro- 
ceedings, the meeting will beheld to be legal, the committee being 
a body appointed by law for the performance of a trust, and the 
law itself prescribing no particular mode of calling such meet- 
ings. — In the case of Distinct No'. 12, Cumberland. 

A District has no right to Build until they have acquired a Title to the Lot. 

8. A district has no right to build upon a lot until they have 
acquired a legal title to it, either by lease, deed, or by taking it 
by process of law. And in the latter case, either the time for 
appeal to the Court of Common Pleas should have elapsed, or the 
appeal decided before building. This latter caution is necessary, 
because the jury on appeal have a right to alter the location or 
wholly reverse all the proceedings. — In the case of District No. 
3, N. Providence. 

Registry Voters may vote to ask Division of a District. 

9. If the question of the propriety of dividing the district be 
proposed in district meeting, registry voters have a right to vote, 
because it merely amounts to an expression of opinion, and the 
whole power to divide rests with the school committee, to whom 
the vote of the district is a mere recommendation, to be weighed 
according to its deserts ; and registry voters can, by law, vote 
upon all questions except taxing or expending money. — In tke 
ease of District No. 3, N. Providence. 



DECISIONS. 129 

A Contract not Legal till the Lot is fixed. 

10. It seems plain that neither the district nor its officers have 
any right to make a contract to build a school house, until the 
lot is fixed and procured and the plans approved of by the school 
committee or by the Commissioner of Public Schools. — In the 
case of District No. 3, N. Providence. 

The School Committee cannot compel a Gradation. 

11. The school committee may promote, by advice and recom- 
mendation, but have no power to compel a gradation of schools 
by districts. — I?i the case of District No. 3, N. Providence. 

The School Committee have power to limit the Teacher^s Certificate. 

12. The school committee have power to limit and explain 
their certificates. To construe the law to require perfection in 
the branches named in section 54 of the school law, would be un- 
reasonable, and indeed it is impossible to make a perfectly definite 
standard. If so, there is no reason why the certificate may not 
express the degree of qualification, as well as the place of the 
school and the time of its continuance. — In the case of District 
No. 3, N. Providence. 

The School Committee cannot Delegate their General Powers. 

13. The school committee cannot delegate their general pow- 
ers. The powers of visiting schools and examining teachers, they 
are specially authorized to delegate. There can be no objection, 
also, to a committee authorizing its officers to draw orders for 
payment of bills upon performance of certain conditions, as on 
making a return, &c. But to delegate a power which is supposed 
to imply the exercise of a discretion in the committee, seems con- 
trary to the intention of the law in giving such powers to the 
committee.— /w the case of District No. 3, N. Providence. 

Annulling Teacher^s. Certificate should be done hy vote of the School 

Committee. 

14. The power of annulling a teacher's certificate is an im- 
portant one. It gives the committee a control over the teacher ; 
it authorizes them to pronounce a judgment against him for unfit- 
ness or misconduct, which may have the effect of ruining him m 



i30 DECISIONS. 

liis professsion and of Impairing his prospects for general success 
in life. If the construction of section 14 of the school law was 
doubtful, these considerations Avould lean against the right of a 
■committee to delegate this power. But the construction appears 
plainly that the committee have not the right to delegate the 
power to annul a teacher's certificate. And if a certificate be 
thus annulled by a sub-committee, to which the power to annul 
could not be delegated, no subsequent recognition of the sub- 
committee's act by the school committee can make that annulment 
valid. — In the case of District No. 3, N. Providence. 

Trustees elected for one year. 

15. Trustees can be elected for one year only, but may hold 
office till others are elected in their places. — In the case of Dis- 
trict No. 12, Westerly. 

Prudence Island may have Tivo Schools. 

16. It is not denied but that the trustees of the district em- 
bracing Prudence Island may, with the approbation of the school 
-committee, set up more than one school in the district, if neces- 
sary to accommodate all, and pay a part of the money of said 
district for each school. — In Ike case of District No. T, Ports- 
mouth. 

Teacher without a Certificate not to draw Public Money. 

17. No teacher can, under any circumstances, be entitled to 
demand any portion of the public money, unless he has a certifi- 
cate of qualification valid at the time he keeps the school. — In the 
case of Districts No. 2 and 12, West Greenwich. 

School House not to be used for any other purpose than Education. 

18. A school house built or bought by taxation on the pro- 
perty of the district, should not be used for any other purpose 
than keeping a school, or for purposes directly connected with 
education, except by the general consent of the tax-paying voters. 
The district holds the property in trust for educational purposes. 
The money has been taken from the tax-payers by force of law 
for certain purposes, and for those only, and cannot be applied, 



DECISIONS. 131 

by either district or trustees, to any other use. Under the school 
law the house may be used for educational purposes collateral to 
the main purpose, such as meetings of the district for school busi- 
ness, lectures upon literary and scientific subjects, debating soci- 
eties for the people or children of the district, &c., but it is per- 
fectly clear that the district could not use the house for trade or 
religious meetings if any person objected to it. — In the case of 
District No. 10, North Kingston. 

An Election once legally made, not rescindable. 

19. A district having once legally made an election of the 
officers required by law to be elected, would have no right to re- 
scind such election. A trustee, therefore, once elected and ac- 
cepting, could only be removed for good cause and after notice 
and a hearing. — In the case of District No. 5, Little Compton. 

District may rescind a vote to tax, borrow money and levy tax in future. 

20. A district may rescind a vote ordering a tax, and postpone 
the payment of it, and hire the money upon a note of the district. 
The object and effect may sometimes be to include property and 
persons coming into the district afterwards. Whoever comes into 
a school district, becomes a sharer in all the advantages of the 
school district property. If, by their coming, an addition to the 
school house is made necessary, such new comers or new property 
do not pay the whole expense of such additions ; the former in- 
habitants and property have also to pay a portion. And sharing 
in all the advantages of former taxation, it does not seem unrea- 
sonable that the new property should also share in the burdens. — 
In the case of District No. 7, Burrillville. 

Towns may apportion their own money. 

21. Any town has a right to direct how the money it raises 
shall be appropriated, and the school committee must appportion 
it accordingly ; and if the town does not do it in season, the com- 
mittee must do it. But the town can give no order for the pay- 
ment of any portion of it. The orders are under the control of 
the committee, otherwise the committee would have no check 
upon the districts to keep them from violating the law. — In the 
case of District No. 13, Tiverton. 



132 DECISIONS. 

Trustees cannot charge. 

22. A trustee cannot charge for his services, unless bj special 
vote of the district, and then he cannot be paid out of the school 
money. — In the case of District No. 4, Scituate. 

Union of tivo Districts in a Joint District. 

23. In case of Joint Districts, — section 23, — the provi- 
sions of the law does not probably contemplate a perma- 
nent union beyond the power of each district to alter. 
The law contemplates no joint ownership of property or 
any thing else requiring that construction to be placed upon 
it. And in order that two districts may unite, according to 
this provision, each district should, at a separate meeting 
called for that purpose, vote to unite. — Li the case of No. 
14, Glocester and No. 9, in Foster, called " Mt. Hijgeia Dis- 
trict.'''' 



MISCELLANEOUS. 



MORAL INSTRUCTION, 

Should by all means be inculcated by the teacher, but 
yet so as to avoid all sectarian comments or bias. 

The rule laid down in the laws of the State of Massa- 
chusetts, while it points out and inculcates the duty of the 
teacher to give moral instruction, is carefully drawn to 
avoid giving countenance to any attempt to impart secta- 
rian instruction. 

" It shall be the duty of the teachers to use their best 
endeavors to impress upon the minds of the youth com- 
mitted to their care and instruction, the principles of piety, 
justice, and a sacred regard to truth, love to their eountry, 
humanity and universal benevolence, sobriety, industry, 
frugality, chastity, moderation, temperance, and those other 
virtues which are the ornament of human society and the 
basis upon which a republican constitution is founded ; 
and they shall endeavor to lead their pupils, as their ages 
and capacities will allow, into a clear understanding of the 
tendencies of these virtues to preserve and perfect a repub- 
lican constitution and secure the blessings of liberty, as 
well as to promote their own happiness ; and also to point 
out to them the evil tendency of the opposite vices." 



READING THE BIBLE AND PRAYING IN SCHOOLS. 
The constitution and laws of the State give no power to 
a School Committee, nor is there any authority in the 
State by which the reading of the Bible or praying in 



134 MlSCELLA5fE0US. 

school, either at the opening or at the close, can be com^ 
manded and enforced. On the other hand, the spirit of the 
constitution, and the neglect of the law to specify any pen- 
alty for so opening or closing a school, or to appoint or 
allow any officer to take notice of such an act, do as clearly 
show that there can be no compulsory exclusion of such 
reading and praying from our public schools. The whole 
matter must be regulated by the consciences of the teach" 
ers and inhabitants of the districts, and by the general con- 
sent of the community. Statute law and school committees' 
regulations can enforce neither the use nor disuse of such 
devotional exercises. School committees may recommend, 
but they can go no further. 

It is believed to be the general sentiment of the people 
of Rhode Island, that this matter shall be left to the 
conscience of the teacher ; and it is expected, that if 
he read the Bible as an opening exercise, he shall read 
such parts as are not controverted or disputed, but such 
as are purely or chiefly devotional ; and if he pray at 
the opening of his school, he shall be very brief, and 
conform as nearly to the model of the Lord's Prayer as the 
nature of the case will admit. And in all this, he is bound 
to respect the conscientious scruples of the parents of the 
children before him, as he would have his own conscientious 
scruples respected by them in turn; always, of course, 
taking care that in the means he uses to show his respect 
for the consciences of others, he does not violate the law 
of his own conscience. 

Below is the form of Prayer allowed by law to be used in 
the Public Schools of Canada. It will be found comprehen- 
sive and appropriate, and undoubtedly will be very generally 
acceptable to the community. It is given as a sample, like 
the samples of School Rules and Regulations previously 
given in these pages, and not as a form by any means pre- 
scribed, or even recommended to be used to the exclusion 
of any other. 



MISCEi-LANEOUS", 13^ 

O'^ENISTG AND CLOSINa EXERCISES OF EACH DAT. 

1. With a view to secure the Divine blessing, and to im' 
pfess upon the pupils the importance of religious duties, 
and their entire dependence on their Maker, the Council of 
Public Instruction recommend that the daily exercises of 
each Grammar School be opened and closed by reading a 
portion of Scripture and by prayer. The Lord's Prayer, 
alone, or the Forms of Prayer hereto annexed, may be used, 
or any other prayer preferred by the Board of Trustees and 
Head Master of each Grammar School. But the Lord's 
Prayer shall form a part of the opening exercises ; and the 
Ten Commandments shall be taught to all the pupils, and 
shall be repeated at least once a week. But no pupil shall 
be compelled to be present at these exercises against the 
wish of his parent or guardian, expressed in writing to the 
Head Master of the school. 

FORMS OF PRAYER. 

1. BEFORE ENTERING UPON THE BUSINESS OF THE DAY. 

O Lord, our Heavenly Father, Almighty and Everlasting 
God, who hast safely brought us to the beginning of this 
day, defend us in the same by thy mighty power ; and 
grant that this day we fall into no sin, neither run into any 
kind of danger, but that all our doings may be ordered by 
thy governance, to do always that is righteous in thy sight, 
through Jesus Christ our Lord. Amen. 

O Almighty God, the giver of every good and perfect 
gift, the fountain of all wisdom, enlighten, we beseech thee, 
our understandings by thy Holy Spirit, and grant, that 
whilst with all diligence and sincerity we apply ourselves 
to the attainment of human knowledge, we fail not con- 
stantly to strive after that wisdom which makes wise unto 
salvation ; that so, through thy mercy, we may daily be 
advanced both in learning and godliness, to the honor and 
praise of thy name, through Jesus Christ our Lord. Amen, 



136 MISCELLANEOUS* 

Our Father, which art in Heaven, hallowed be thy 
name, thy Kingdom come, thy will be done in Earth as it 
is in Heaven ; give us this day our daily bread ; and forgive 
us our trespasses, as we forgive them that trespass against 
us ; and lead us not into temptation, but deliver us from 
evil, for thine is the kingdom^ the power, and the glory, 
for ever and ever* Amen* 

II. AT THE CLOSE OF THE BUSINESS OF THE DAlT. 

Most merciful God, we yield thee our humble and hearty 
thanks, for thy fatherly care and preservation of us this 
day, and for the progress which thou hast enabled us to 
make in useful learning : we pray thee to imprint upon our 
minds whatever good instructions we have received, and to 
bless them to the advancement of our temporal and eternal 
welfare ; and pardon, we implore thee, all that thou hast 
seen amiss in our thoughts, words and actions. May thy 
good Providence still guide and keep us during the ap- 
proaching interval of rest and relaxation, so that we may 
be thereby prepared to enter on the duties of the morrow 
with renewed vigor, both of body and mind ; and preserve 
us, we beseech thee, now and ever, bo^h outwardly in our 
bodies, and inwardly in our souls, for the sake of Jesus 
Christ, thy Son, our Lord. Amen. 

Lighten our darkness, we beseech thee, Lord ; and by 
thy great mercy, defend us from all j)erils and dangers of 
this night, for the love of thine only Son, our Savior, Jesus 
Christ. Amen. 

Our Father, which art in Heaven, hallowed be thy namcj 
thy Kingdom come, thy will be done in Earth, as it is in 
Heaven ; give us this day our daily bread ; and forgive us 
our trespasses, as we forgive them that trespass against us j 
and lead us not into temptation, but deliver us from evil ; 
for thine is the kingdom, the power, and the glory, for ever 
and ever* Amen* 



MISCELLANEOUS. 137 

The following forms of Prayer, for the opening of schools, are 
taken from a very excellent volume of " Prayers for Schools," 
by N. Tillinghast, Esq., late Principal of the Massachusetts State 
Normal School at Bridgewater ; — a volume which will be found 
profitable for every teacher to study, if not convenient for him to 
use. 

FOKMS FOR MORNING PRAYER. 
We return humble and hearty thanks to thee, most merciful 
Father, that thou hast sent to us, through Jesus Christ, the 
revelation of thy law of love. Grant us the assistance of thy 
Holy Spirit that we may live in accordance with that law, loving 
one another, and doing good to one another as we have opportu- 
nity. We thank thee for that glorious liberty into which we have 
been called, by which a way is opened to us to escape from the 
slavery of sin, the destruction of that spirit which is the heir of 
an immortal hope. Grant that we may not make this liberty a 
cloak of licentiousness, but that, while we walk unbound, we may 
keep fast our dependence on thee, and look to thee, at every step, 
for guidance and support. Grant us, Almighty Father, clearer 
notions of thee and of thine attributes ; make us more humble, 
more sincere, more pure in heart; send us that wisdom which is 
from above, which is first, pure, then peaceable, gentle, and easy 
to be entreated, full of mercy and good fruits, without partiality 
and without hypocrisy ; and grant that this divine wisdom may 
be the man of our counsel, and the guide of our lives. Let thy 
blessing be with those for whom we should pray. May thy will 
be done in earth as it is in heaven, and may all men come to the 
knowledge and the love of thee, through Jesus Christ our Lord. 
Amen. 

II. 
Almighty Father, we know that thy listening ear is ever open, 
to the petitions of thy creatures ; that thou art more ready to - 
hear, than we to speak; more ready to give, than we to ask: 
grant to us, we beseech thee, the spirit of prayer, that we may 
ask worthily that which we ought to ask at all ; grant us faith, 
also, that we may pray with an entire confidence in thy mercy, 
10 



138 MISCELLANEOtJS. 

believing that, whether we receive or not what we ask for, thou 
hast heard our prayer, and hast done what is best for us. We 
thank thee, that while we are pressed bj a sense of our own 
weakness, and are surrounded on all sides by dangers beyond our 
control, we are called in thy gospel to look to thee, the Infinite 
Creator and Governor of all things, as our Father ; may we keep 
this relation ever in our mind, and strive to do nothing unworthy 
of thy children ; may our thoughts, words and actions, be kept 
in subjection to thy will. Amen. 

III. 
We humbly and devoutly thank thee, Almighty Father, that 
thou didst, in breathing into us the breath of life, create us in 
thine own image, with capacities to seek and to enjoy those things 
in which thou delightest. Thou hast surrounded us with trials 
and temptations, for in no other way than in resisting and over- 
coming these, can our moral faculties acquire strength. Assist 
us, we beseech thee, to carry on this conflict earnestly and stead- 
ily, looking to thee for help, and to him who was tempted like 
as we are, yet without sin, for guidance and example. Let no 
temptation beset us, that thou wilt not give us power to resist ; 
may we not be overcome of evil, but overcome that evil in which 
we have heretofore lived with good. Thou knowest our peculiar 
weaknesses, and our peculiar wants ; grant us help, we pray thee, 
Almighty Father, according to our respective needs ; grant us 
the spirit of prayer, that whether in prosperity or adversity, in 
sorrow or gladness, we may ever turn to thee, and lay our thanks- 
givings or our petitions before thy throne. We entreat thee for 
thy mercy on all those with whom thou hast connected us in ties 
of kindred and affection ; may the consolations of thy gospel be 
with all thy children ; and may thy name be hallowed, and thy 
praise be sounded throughout all the earth; for thine is the 
kingdom, and the power, and the glory, now and forever. Amen. 

IV. 
Almighty Father, the giver of every good and perfect gift, in 
whom we live and move and have our being, in our ignorance and 
folly we come unto thee, the source of wisdom, and entreat of 



MlSCELIiANEOtJS. 139 

thee knowledge and understanding ; grant us clear perceptions of 
truth, and a deep conviction of its infinite importance ; may we 
feel that as no error nor deceit can exist in thy presence, so we 
may never hope to enjoy thy favor, if we train our minds to false- 
hood ; may w-e learn, and ever remember, that it is thy will that 
we should perform every duty, from the greatest to the least, 
with a perfect fidelity ; and grant us, we beseech thee, that sin- 
gle mindedness and that godly sincerity, that may enable us to 
.give to every employment, and every situation, its just measure, 
so that nothing may appear to us as great or desirable which does 
not lead us forward in moral improvement, and nothing may seem 
to us mean or low which is useful to others, or profitable to our- 
selves. We thank thee, we render to thee our deepest gratitude, 
that we have ever before us a perfect model of how duty should 
be performed, in Jesus Christ ; he took upon himself the form of 
a servant, and was despised and rejected of men, that he might 
perform thy will, and satisfy his deep love of mankind by calling 
them to repentance ; may thy blessing be with us this day, lead- 
ing us from evil, shielding us from danger, and bringing us 
nigher to thee ; and unto thy name, through Jesus Christ, our 
Savior, be everla^sting praises. Amen. 



TOWN SUPEEINTENDENTS, 



RESOLUTIONS OF THE SCHOOL COMMITTEE OP BRISTOL. 

At a meeting of the School Commmittee held subsequent to the 
annual Town Meeting, it was Resolvedy unanimously, to create 
the office of Superintendent of Schools ; and that the election of 
this officer shall be by ballot. 

The following duties were assigned to the Superintendent, and 
ordered to be published for the information of the citizens : 

Resolved, That we do hereby create the office of Superintend' 
ent, and assign to him the following duties : 

1. The Superintendent shall be Secretary of the School Com- 



140 MISCELLANEOt'S', 

mittee. He shall keep the records, prepare all notices of meetingg, 
and do all the writing and business incident to the Committee^ 

2. He shall conduct the examination of Teachers, giving notice 
of the time and place to the Committee. 

8. He shall visit and examine each School, at least once a 
month, and report the condition of the Schools at each stated 
meeting of the Committee. 

4. He shall hold a meeting for Teachers at least once a month^ 
when opportunity shall be given for interchange of thoughts upon 
dfltl subjects of discipline and study, and mode of communicating 
instruction. 

5. He shall have a general supervision of the teachers, who, 
pn all subjects connected with the discipline and conduct of the 
school, must submit to his decision, unless the same be reversed 
by the committee. 

6. In every case of doubt or difficulty, the teacher may seek 
cpunsel of the Superintendent. Whenever a pupil shall be very 
severely punished, or shall be expelled for misconduct, the teacher 
shall immediately report the case to the Superintendent. He 
shaU proceed to investigate the same ; and if the teacher, in his 
opinion, be justified, he shall explain the case to the parents or 
guardian of the offending pupil. But if he shall not consider the 
teacher justified, or if the said parents or guardian shall feel 
aggrieved by the decision, and desire an appeal to the Committee, 
the Superintendent shall call a meeeting of the Committee, and 
submit the case for their action. 

T. It shall be his duty to respond to all applications for infor- 
mation respecting the schools, or the operation of the rules of the 
Committee, and shall receive and notice all complaints, whether 
from parents, teachers or pupils. 

8. He shall fix a time, (not less than one hour each school 
day,) when he may be seen for all purposes connected with his 
duties ; and shall cause notice of the same to be fixed at or near 
the entrance to his residence. 

9. He shall receive, or cause to be received, under his responsi- 
bility, the assessments due quarterly from each pupil. He shall 
eredit the amount received from each school, and compare the 



MISCELLANEOUS. 141 

same witli the whole number of pupils in said seliool ; and if there 
be a deficiency, shall ascertain and report the cause to the Com- 
mittee. He shall also record the names of pupils, who, on inves- 
tigation, shall be found unable to pay their assessments, and shall 
furnish them with free tickets of admission. 

10. He shall purchase, or cause to be purchased, under his 
responsibility, all books needed for the several departments, keep- 
ing on hand a number of each kind sufficient to meet the demand. 
He shall record the number and kind of books distributed to each 
school, that the same may be compared, with the teacher's account 
of books received. All sums thus paid for books and stationery, 
shall be allowed by the Committee out of the assessments, when- 
ever the accounts, with the proper vouchers, shall have passed 
the Auditing Committee. 

11. He shall see that all necessary repairs are made to the 
school houses ; that they are cleansed at the close of each quarter ; 
that stoves are put in order and fuel provided, at the proper 
season ; that each school room is in perfect order, and ready for 
occupation at the commencement of each quarter. When the 
estimate of any expenditure thus made shall exceed twenty dol- 
lars, the subject shall be first laid before the Committee. 

12. All incidental expenses shall be made under his direction, 
and no bill, whether for salaries or incidental expenses, shall be 
paid by the Treasurer, until examined and pronounced correct by 
the Superintendent. 

It shall be his duty to deduct from the salaries of teachers^ 
such time as they may have lost from sickness or other causes. 

All bills shall be paid as soon as possible after they have been 
incurred, and all accounts settled before the annual town meeting. 

13. When a teacher, by sickness, or for any other reason, is 
prevented from attending school, such teacher shall cause notice 
to be given immediately to the Superintendent, who shall pro- 
vide, in the best possible way, for the continuation of the school. 

14. He shall examine, on or before the last day of each quar- 
ter, all pupils in each school recommended by the Principal of 
.such school for admission to a school of higher grade ; and his 
decision shall be finaL 



142 MISCELLANEOUS. 

15. He shall examine all candidates for admission into tiie 
schools, from families removing into town, and all pupils not 
connected with any school the preceding quarter, and shall assign 
to them the particular school which they shall attend. 

16. When families remove their residence to another place, 
the Superintendent shall decide which school the children of such 
families shall attend. He shall also decide all similar questions 
connected with the limits assigned to each district. 

17. He shall examine, in connection with the teachers., the 
pupils in each school, on the day of examination appointed by 
the Committee. He shall, on the day of examination, furnish 
each teacher with a memorandum of the studies selected for 
examination, with the title of the book and page, and the time 
which shall be occupied in each. 

18. He shall require from the Principal of each school, a quar- 
terly report in accordance with the rules of the Committee. 
From these reports, he shall prepare an abstract in a book kept 
for reference, which shall always embrace the following particu- 
lars : 

I. The number of pupils of both sexes. 

II. The average attendance. 

III. The names and number of pupils in the Delinquent Class. 

IV. The branches of study pursued ; the time daily devoted 
to each ; with the number of pages studied in each text book, 
and the number of classes. 

V. The names of ten pupils in each school most distinguished 
for punctuality, good conduct, and attention to these studies. 

YI. The number of times, if any, the teacher has been absent 
from school ; or has been later in attendance than the hour pre- 
scribed by the Committee. 

YII. The instances, if any, where the rules of the Com- 
mittee have not been strictly observed. 

y III. The number of books furnished each school ; the number 
and condition of all the books belonging to each school ; the in- 
jury, if any, done to the school house, or furniture ; and the 
cause of the same. 

19. He shall also make a quarterly report, recorded in a book 



MISCELLANEOUS 143 

for reference, giving a view of the progress of each school as com- 
pared with the preceding quarter, and embracing all matters and 
suggestions he may deem of importance. 

20. He shall make an Annual Report, on or before the third 
Monday in March, embracing all the, statistics of the schools for 
the year, the changes, improvements, or defects, that have been 
observed; practical suggestions for the future conduct of the 
schools ; an account of his several duties and the time generally 
occupied in them. , 

21. These regulations shall comprise the duties of the Super- 
intendent until the same are altered by the School Committee. 



COUNTY INSPECTORS. 

The following Rules are made by the County Inspectors, as 
guides for their own action in the discharge of the duties de- 
volved upon them by the 4th section of the " Act Relating to 
Public Schools." 

1. The County Inspectors of each County may resolve them- 
selves into a Board of County Inspectors, by appointing a Presi- 
dent and a Secretary of their own number, and may make 
arrangements — such as they deem best calculated to promote the 
good of the Public Schools — for examining teachers for the schools 
of the County, and for visiting and making report of the state of 
schools in their County to the Commissioner of Public Schools. 

2. The County Inspectors for each County, in the discharge 
of their duties, may act either as a Board, or in such other man- 
ner as they shall determine. 

3. Each candidate for a County Certificate shall, before his 
examination, produce satisfactory evidence of good moral charac- 
ter, and of having successfully instructed and governed a school, 
and shall pay the sum of one dollar for his examination. 

4. To entitle him to a County Certificate, he shall be found 
qualified to teach the English Language — embracing Orthogra- 
phy, Reading, Grammar and Analysis — Penmanship, Book 
Keeping, Geography, History, Arithmetic, Algebra, Natural 



144 MISCELLANEOUS. 

Philosophy, Physiology, and the Rudiments of Astronomy and 
Chemistry. In deciding upon the right of the candidate to a 
certificate, regard will always be had to the habits of personal 
neatness, agreeable manners, and correctness in the use of the 
English Language in conversation. 

5. Each County Inspector visiting any school within his 
County, when called upon by any teacher, school district or its 
officers, or school committee of a town, shall be entitled to the 
payment of his expenses and thrge dollars per day for his ser- 
vices ; and of every such visit he shall make a written report to 
the Commissioner of Public Schools. 

6. Each Board of County Inspectors shall, on or before such 
day as the Commissioner shall designate, make a report of all 
their doings — the teachers examined — the schools visited — and 
such other matters and suggestions as they deem calculated to 
promote the interests of public education. 

7. There shall be a meeting of all the County Inspectors at 
the office of the Commissioner of Public Schools, on the 2d Sat- 
urday in June, and another on the 2d Saturday in December, 
in each year, for the consideration of matters pertaining to their 
office, and for presenting to the Commissioner the Reports of 
the Boards of the several Counties. 

Adopted at a Meeting of the County Inspectors of the State, held 
in Providence, July 21st, 1855. 



CIRCULAR. 

To School Committees and Superintendents of Toiuns , Trustees of Districts , 
and Teachers and Candidates for the office of Teacher. 



Representations have often been made to tMs Office, by many 
friends of Public Education and Common Schools, in various 
parts of the State, that it is not uncommon for Teachers to be 
employed by Trustees to keep a school in the District of "which 
they are officers, and to commence schools in such Districts with- 
out certificates of qualifications from the Examiners of the Town. 
'It has further been represented that the Trustee of a District 
sometimes employs a Teacher, having a certificate from the 
School Committee, the year of which has not expired, or one who 
has a County or State certificate, and having employed such an 
one, authorizes him to begin school, and neglects to notify the 
Visiting Committee or Superintendent of the Town when the 
school is to begin ; thereby depriving them, (unless accident gives 
such information,) of the power to visit the school within two 
weeks of its beginning, as the Law imperatively requires. 

Under this representation of facts, which are believed to be 
undisputed and altogether too common, and which are understood 
to be too easily excused and overlooked by the proper authorities, 
it becomes the duty of the Commissioner of Public Schools to 
call attention to the plain and positive requirements of the Law 
in such cases'. 

1st. A Teacher without a certificate can in no case be legally 
paid for his services, out of the Public Money — no matter how 
well qualified he may be, nor how well he may have taught and 
governed his school : — and every officer who draws an order, or 



146 CIRCULAR. 

uses the Public Money to pay him, is liable to indictment and 
fine. — [See sections 21 and 54 of the School Law, and Decision 
No. 17. 

2d. No school is legally kept unless it be visited twice, at 
least, by the School Committee, or by some person by them ap- 
pointed, or by the Superintendent of the Town — once within 
two weeks of its commencement and once within two weeks of its 
close. And if the officer whose duty it is to visit, fail of dis- 
charging that duty, he is liable to suit at law ; and if the Trustee 
neglect his duty in the matter of giving information as to the time 
of commencing or closing the school, he is also liable at law. — 
[See sections 15 and 54 of the School Law. 

These things ought to engage the attention of all friends of 
Public Schools. They are more than mere forms. They involve 
the whole system of supervising our schools, and of course con- 
nect themselves with all the details and practical operations of 
Public Education. And the Law, in these essentially vital points, 
should be scrupulously complied with. 

Teachers, therefore, should refuse to begin a school until they 
have a certificate of qualifications, and the Town Committee or 
Superintendent has been notified of the time of commencing. 

Trustees, also, should insist that the Teacher shall be examined 
immediately after his employment, and always before he enters 
the school room for the purpose of teaching ; and they should be 
very punctilious about giving notice to the Committee or Super- 
intendent of the time of beginning and closing the schools. 

And School Committees, Examiners, Visitors, and Superintend- 
ents should stand on the extreme limit of the Law, insisting that 
they will give no order in favor of a Teacher, Trustee, or District, 
where there has been a neglect, in any way, or on any account, 
to comply with these simple and just, as well as prudent and 
wholesome requirements of the Law. 

ROBERT ALLYN, 
Commissioner of Public Schools. 



INDEX. 



Academies may incorporate themselves, sec. 75, p. 30 ; rem. 135, pp. 67-8. 
Accounts of School Committee, how kept, rem. 98, p. 50. 
Affirmation. See Engagement. 

Admission, age of, Rules should be uniform, sec. 16, p. 13 ; rem. 97, p. 50. 
Scholars over 15, only excluded by general Rule, sec. 60, p. 24. 
Alteration of Districts. See Districts. 
Annijlling Certificate, form for, form 141, p. 72. 

must be done by vote of School Committee, dec. 14, p. 129. 
remarks concerning, sec. 94, pp. 45-6 ; note form 141, p. 83. 
Appeal, to Commissioner, in what cases, sec. 65, p. 26 ; rem. 133, p. 66. 
if legal votes are rejected, rem. 116, p. 57. 
to be decided without costs to parties, sec. 65, p. 26. 
form for, form 165, p. 95. 

Rules may be prescribed by Commissioner, sec. 65, p. 26. 
from appraisal of land taken for School House, sec. 65, p. 26. 
Apportionment of property, sec. 49, p. 20. 

of money. See Money. 
Appropriation for Schools, sec. 2, p. 9, act of Jan. '54, sees. 1, 2, 3, p. 120. 
for Indian School, sec. 74, p. 29. 
for Deaf, Dumb, Blind and Idiotic, sec. 73, p. 29. 
for Lectures, act of Jan. '54, sec. 4, p. 120. 
for Normal School, act of May, '54, sec. 1, p. 122. 
for Teachers' Institutes, see. 58, p. 23. 
for Insane Paupers, rem. 134, p. 67. 
Architecture 'for School Houses, rem. 93, p. 39. 
Assessment. See Trustees and Rate-Bill. 
Assessors. See Tax. 

Assistant Teachers to be examined, sec. 54, p. 23. 

Associations for Libraries and Academies, self-incorporated, sec. 75, p. 30 ; 
rem. 135, p. 67. 
meetings of, how called, sec. 76, p. 30, 



148 INDEX. 

Associations for Libraries and Academies, form of Incorporation, form 136, 

p. 98. 
Attendance, average, how calculated, rem. 127, p. 61. 

Register of, to be kept by the Teacher, sec. 57, p. 23 ; rem. 

126, p. 61. 
half of State money apportioned according to, sec. 20, p. 14. 
Attorney, Districts must execute all deeds, leases, &c., by, form 160, p. 91. 
form of vote to appoint to execute deed, form 162, p. 93. 
" " to take lease, form 160, p. 91. 

" " to execute building contract, form 

150, p. 78. 
See Power of Attorney. 

Barnard Henry, rems. 92, 93, 111, 135, pp. 38, 39, 55, 67-8. 
Bible, Remarks on use of in Schools, rem. 129, p 62 & pp. 131-2. 
Black-boards, &c., may be furnished by tax, sec. 35, p. 17. 
Blank forms prescribed by Commissioner, sees. 4, 21, 22, pp. 10, 14, 15 ; 
form 170, pp. 99-104. 
to be distributed by Town Clerks, sec. 24, p. 15. 
Blind, provision for education of, sec. 73, p. 29 ; rems. 134, p. 67. 
Bond, form of District Treasurer's, form 154, p. 85. 
" Collector's, form 155, p. 85. 
Collector and Treasurer need give none, unless required, sec. 37, 
p. 18. 
Books, may be recommended by Commissioner, sec. 3, p. 10. 

to be regulated by School Committee, sec. 10, p. 13 ; rem. 96, p. 49. 
furnished to poor scholars by Trustees, sec. 41, p. 19. 
sectarian should not be admitted, rem. 9o, p. 49. 
distributed by Legislature to Districts, rem. Ill, p. 55. 
See Bible. 
Boundaries. See District Boundaries. 
Building, contracts for, form of, form 151, p. 78. 

contract for not legal till the lot is fixed, decs. 10, p. 129. 
District must first acquire title to lot, decs. 8, p. 128. 
See Remarks 93, p. 39. 

Certificate of election. See Warrant. 

of engagement. See Engagement. 

of qualification of Teachers, sec. 55, p. 23 ; rem. 94, p. 40. 
form of given by Committee, form 139, p. 72. 
form of given by County Inspector, form 140, p. 72. 
form of annulling, form 141, p. 72. 

by whom annulled, sees. 54, 56, p. 23 ; rem. 94, p. 40 ; decs. 
14, p. 129. 



INDEX. 149 

Certificate may be limited by School Committee, decs. 12, p. 129. 
given by Town Committee for one year, sec. 54, p. 23. 
given by County Inspector for two years, sec. 54, p. 23. 
signed by Commissioner for three years, sec. 54, p* 23. 
subjects of, and mode of examining for, sec. 55, p, 23 ; rerti 
94, pp. 40^5. 
Chairman of School Committee to be engaged, sec. 62, p. 25. 

" " may engage certain officers, sec. 62, p. 25, 

" " may sign official papers, eee. 10, p. 12. 

Charlestown, school for Indians, sec. 74, p. 29. 

Indians not to be reckoned in apportioning money for towns, 
sec. 74, p. 29. 
Children employed in factories, act of January, 1853, p. 117 ; act of 

January, 1854, p. 121. 
Clerk of Town. See Town Clerk. 

of District must be an elector, rem. 113, p. 56. See Constitution, 
of School Committee may engage certain officers, sec. 62, p. 25. 

'• to be engaged, sec, 62, p. 25 ; form 138, p. 71. 

of District may engage certain officers, sec. 62, p. 25 ; form 138, p, 71^ 
" may sign all official papers, sec. 10, p. 12. 
*' to be engaged, sec. 62, p. 25 ; form 138, p. 71. 
" by whom engaged, sec. 62, p. 25. 
" to procure a book of record, sec. 72, p. 29. 
" to deliver papers to his successor, sec. 64, p. 26. 
" his record evidence of engagement, sec. 62, p. 25. 
" his record evidence of notice of meeting, sec. 72, p. 29. 
" must record names of persons voting, if requested, sec. 

32, p. 17. 
" holds office till his successor is appointed, sec. 63, p. 26^ 
" should record all motions, those rejected as well as those 

adopted, rem. 123, pp. 59, 60* 
" should read minutes of record in open meeting, rem. 123; 

pp. 59, 60. 
" See Records and Tax. 
Collection of Taxes, form 152, note pp. 82-4. 

" time of, decs. 2, p. 127. 
Collector of .Taxes may be appointed at annual or any meeting, sec. 37^ 
p. 18. 
" must be an elector, rem, 113, p. 56. See Constitution* 
" should be engaged, sec. 62, p. 25. 
" form of engagement, form 138, p. 71. 
" need not give bond unless required, sec. 37, p. 18. 
*' form of bond, rem. 125, p. 61 ; form 155, p. 85. 



160 INBM. 

Collector of Taxes to have powers of Town Collector, sec. 37j p. 18. 
" to receive vrarrant from Trustees, sec. 42, p. 19. 
" Town Collector may be employed to collect, sec. 37j 

p. 18, sec. 59, p. 24. 
" Town Collector needs no new engagement, sec. 37) 

p. 18. 
" selling land, should preserve evidence of advertising, 

form 152, note p. 82. 
" form of deed on sale for taxes, form 157, p. 87. 
" holds office till successor is appointed, sec. 63, p. 26» 
" penalties for violation of laws, sec. 64, p. 26. 
" See Tax. 
Commissioner, powers and duties of, sees. 2, 3, 4, pp. 9, 10. 
salary of, act of October, 1854, sec. 1, p. 123. 
to be engaged, sec. 62, p. 25. 
to decide appeals without cost, sec. 65, p. 26. 
may make Rules regulating appeals, sec. 65, p. 26. 
to apportion school money in May, sec. 4, p. 9 , act of 

January, 1854, sec. 3, p. 120. 
to exclude Indians in apportioning, sec. 74, p. 29. 
to draw order in favor of Towns, sec. 2, p. 9. 
to prepare forms, sec. 4, p. 10, sec. 22, p. 15. 
to visit schools, sec. 3, pp. 9, 10. 
to recommend books, sec. 3, pp. 9, 10. 
to hold Teachers' Institutes, sec. 58, p. 23. 
to appoint County Inspectors, sec. 4, p. 10. 
form for appointment of County Inspector, form 169, p 97> 
to countersign certificates, sec. 54, p. 23. 
appointed annually, sec. 1, p. 9. 

to report at January session of Assembly, sec. 4, p. lO. 
to hold office till successor appointed, sec. 63. p. 26. 
pro tem. in case of sickness, &c., sec. 1, p. 9. 
may approve plans of School Houses, sec. 35, p. 17. 
may remit fines and forfeitures, sec. 4, p. 10. 
to distribute funds for deaf, dumb, blind and idiotic, sec» 

73, p. 29 ; rem. 134, p. 67. 
may order tax in certain cases, sec. 46, p. 20i 
may correct errors in tax, see. 47, p. 20. 
may abate in certain cases, sec. 48, p. 20. 
may waive strict notice, sec. 30, p. 16. 
to receive report of Indian School, sec. 74, p. 29. 
COMMITTEE) (School,) when chosen, and how many, sec. 8, p. 11, 

may be chosen by Town Council, rem. 85, p. 35> 



INDEX. 151 

Committee, (School,) of Providence, Low chosen, act of January, 1855, 
sec. 1, p. 125. 
of Portsmouth and Little Compton, when chosen, 

act of January, 1853, p. 119. 
cannot delegate their general powers, decs. 13, p. 129. 
powers and duties of, sees. 9-22. pp. 11-15 ; act of 

January, '54, p. 119, act of May, '55, p. 126. 
to be engaged, sec. 62, p. 25. 
forna of engagement, form 138, p. 71. 
need not be electors. Constitution, art. 9. 
hold till successors appointed, sec. 63, p. 26. 
quorum of, sec. 11, p. 12. 
mode of calling meetings of, decs. 7, p. 128. 
meetings of, quarterly and when, sec. 11, p 12. 
special meetings of, rem. 87, p. 35. 
vacancies, how filled, sees. 18, 26, pp. 13, 16. 
to have certificate of election, rem. 85, p. 35. 
form of certificate, form 137, p. 71. 
will receive report from Town Treasurer of unes^ 

pended money, sec. 23, p. 15. 
should send a list of committee to Commissioner^ 

rem. 89, p. 36. 
to receive no compensation, unless, &c., sec. 8, p. 11* 
to examine teachers, sees. 14, 54, pp. 13, 23. 
subjects of examination, rem. 84, pp. 40-^5. 
may employ some one to examine, sec. 14, p. 13. 
may limit certificate, decs. 12, p. 129. 
may annul certificates, sees. 14, 54, pp. 13, 23 I 

decs. 14, p. 129. 
form for annulling, form 141, p. 72. 
remarks on annulling, rem. 94, p. 45. 
may dismiss a teacher, sec. 56, p, 23. 
may make rules and regulations for all the schools of 

the town, sec. 16, p. 13 ; rem. 97, p. 50. 
specimens of rules, &c., form 171, pp. 104-116. 
may prescribe books, &c., sec. 16, p. 13 ;rem. 96, p. 49* 
may lay ofi" and alter districts, sec. 12, p, 12 ; rem. 

90, p. 36. 
may apportion property of districts when altered, 

sec. 49, p. 20. 
may authorize districts to unite, sec. 51, p. 21. 
may formjoint districts, sec. 52, p. 22 ; rem. 91, p. 38, 
may let scholars attend School in another district, 
sec. 53. p. 22. 



152 iNDEs:. 

Committee, (School,) to locate all School Houses, sec. 13, p. 12. 

to approve plans of School Houses, sec. 35, p. 17. 
to approve taxes and rate-bills for school purposes j 

sec. 36, p. 17, sec. 59, p. 24. 
to fill vacancies in their own body, sec. 18, p. 13 ', 

rem. 88, p. 35. 
to report to Town at Town Meeting, sec, 22, p. 15. 
to report to Commissioner, sec, 22, p. 15 ; act of 

May, 1855, p. 126. 
tnay print their report, sec, 22, p. 15 ; rem, 99, p. 51. 
may suspend or expel scholars, sec, 17, p. 13 ; rem. 

128, p, 62. 
to visit schoiJs, and how often, sec. 15, p. 13 : 

circular, p. 145. 
may employ some one to visit, sec. 15, p. 13 i 
their duty when town is not districted, sees. 5, 19, 

38, 39, pp. 11, 14, 18, 24 ; rem, lOl, p. 51, 
to apportion money received from the State, and 

how, sec. 20, p. 14 ; rem. 98, p. 50, 
to apportion town's money if town does not, sec, 20, 

p. 14 ; rem. 98, p. 50 ; decs. 21, p, 131. 
may divide unexpended money, sec, 21, p. 14. 
to draw orders in favor of teachers incase, sec. 21, 

p. 14 5 decs. 17, p. 130 : circular, p. 145. 
form of teacher's order, form 164, p. 95. 
may abate tax in cases, sec. 48, p. 20. 
may call district meetings in cases, sec. 25, p. 15, 

sec. 27, p. 16. 
may direct how to notify district meetings, seCi 

30, p. 10. 
may be authorized to appoint a Superintendent of 
the Town, sec. 7, p. 11. 
CONTRACr of District may be enforced by Commissioner, sec* 46, p. 20. 

to build School House not legal till location is fixed, decs, 10, p. 129, 
form of, with teacher, form 142, p 73. 
form of, for building, form 151, p. 78» 
Corporations, Districts to be, sec, 83, p. 17. 

Academies and Libraries may be, sec. 75-79, pp. 30-1 ; rem. 
134, pp. 67-70. 
Costs, appeals to be decided without, sec. 65, p. 26. 
Council. See Town Council. 
County Inspector, how appointed, sec, 4, p. 10. 

duties of, sec. 4, p^ 10, sec, 54, p. 23 ; rules, p. 143. 
may give teachers certificates for 2 years, sec. 54, p. 23. 



''OotJNTY Inspector, certificate given by may be annulled, sees. 54, 56, p. 23. 

rules for the board of Inspectors, pp. 143, 144. 
Coventry, special acts repealed, sec. 81, p. 32, 
Cumberland, " " " " 

Deaf, Dumb, Blind and Idiots, provision for, sec. 73, p. 29 ; rem. 134, p. 

67. 
Debts and Damages, how recovered of Districts, sees. 46, 69, pp. 20, 27, 

28.. 
Declining Office, sees. 18, 37, pp. 13, 18. 
Deed, power of district to execute, form 162, p. 93. 
to district, form of, form 161, p. 91. 
from tax collector, form of, form 157, p. 87. 
from school district, form of, form 163, p. 93. 
Deposits Fund. See act of October, '36. 
District Clerk. See Clerk. 

Collector. See Collector. 
Trustees. See Trustees. 
Treasurer. See Treasurer. 
Districts, history of, rem. 92, p. 38. 

boundaries of fixed by committee, sec. 12, p. 12. 

" on what principles, sec. 12, p. 12 ; rem. 90, p. 36-8. 

" when altered, property to be apportioned, sec. 49, 

p. 20. 
" confirmed as existicg, sec. 12, p. 12. 

no new one formed unless approved by Commissioner, cases, 

sec. 12, .p. 12. 
may organize at any time on notice of Committee, sec. 25, p. 15. 
annual meeting, when, sec. 26, p. 16 ; rem. 114, p. 56. 
meeting, when called by committee, sec. 25, p. 15. 
" when by request of citizens, sec. 27, p. 16. 
" where to be held, sec. 28, p. 16. 
" place of, by whom fixed, sec. 28, p. 16. 
" must be in district, sec. 28, p. 16. 
" time of notice, sec. 29, p. 16 ; decs. 1, p. 127. 
" if called by committee, they notify, sec. 30, p. 16. 
~" mode of notice prescribed by district, sec. 30, p. 16. 
, " form of vote for, form 148, p. 77. 
" moderator of not engaged, sec. 62, p. 25. 
" clerk of engaged, sec. 62, p. 25. 
" what officers may choose, sec. 37, p. 18. 
" may fill vacancies, sec. 37, p. 18. 
" quorum of, rem. 118, p. 57. 
when may choose officers, sec. 37, p. 18. 
officers must be electors, rem. 113, p. 56. 
11 



154 iisrDfi'X, 

Districts may require a bond, of whom, sec. 37, p. 18. 
may insure school houses, sec. 35, p. 17. 
powers of, sees. 33-6, p. 17. 

" remarks on, rem. 114, 117, 120, pp. 56, 57, ^8. 
may commit whole care of school to committee, sec. 38, p. 18 ; 

rem. 101, p. 51. 
may fix rate-bills for tuition, &c., sec. 59, p. 24. 
may authorize trustees to fix rate-bills, sec. 59, p. 24. 
cannot exclude scholars on account of poverty, sec. 60, p. 24. 
must exempt poor from assessment, sec. 59, p. 24 ; rem. 117, 

p. 57. 
may build school houses by tax, sec. 36, p. 17. 
may tax for school purposes, sec. 36, p-. 17 ; rem. 120, p. 58. 
may provide maps, black-boards, &c., by tax, sec. 35, p. 17. 
must make returns to obtain money, sees. 21, 43, pp. 14, 19. 
must keep school in house approved by the committee, sec. 21, 

p. 14. 
may adopt a seal, form 168, p. 97. 
must execvite deeds, leases and contracts by attorney, form 160, 

p. 91. 
when can rescind a vote, sec. 46, p. 20 ; rem. 119, p, 58. 
writs against, how served, sec. 70, p. 28. 
inhabitants of may be witnesses, sec. 71, p. 28. 

" may answer suit against district, sec. 68, p. 27. 

may place tax in the hands of town collector, sec. 37, p. 18. 
may take land for school house, sec. 13, p. 12. 
may abate tax in case, sec. 48, p. 20. 
may join to establish grammar schools, sec. 50, p. 21. 
in same town may join without losing money, sec. 51, p. 21. 
joint, how formed, sec. 52, p. 22 ; rem. 122, p. 59. 
" form of vote for, form 167, p. 96. 
" meeting of, how called, sec. 52, p. 22. 
" may prescribe manner of notice, sees. 30, 52, pp. 16, 22. 
" form of vote for manner of notice, form 148, p. 77. 
" public money for, how apportioned, sec. 52, p. 22. 
" what committee to supervise, sec. 52, p. 22. 
" tax in, how collected, sec. 52, p. 22. 
" how altered, sec. 52, p. 22. 
when divided, how property apportioned, sec. 49, p. 20 ; rem. 
91, p. 38. 
Dumb, provision for education of, sec. 73, p. 29 : rem. 134, p. 67. 

East Greenwich, special act repealed, sec. 81, p. 32. 
Education, provision for, constitution, art. 12, p. 7. 



INDEX. 155 

Election of school committee, sec. 8, p. 11. 

of chairman and clerk of, sec. 10, p. 12. 
of sub-committee to examine teachers, sec. 14, p. 13. 
of district officers, sec. 37, p. 18 ; rem. 114, p. 56. 
once made cannot be rescinded, decs. 19, p. 131. 
Engagement of officers, sec. 62, p. 25. 

penalty for not taking, sec. 62, p. 25. 
officers holding over not engaged anew, sec. 63, p. 26. 
town collector not engaged, sec. 37, p. 18. 
record of clerk evidence of, sec. 62, p. 2o. 
Evening Prayer, form of, p. 136. 
Examination of teachers by committee, sec. 14, p. 13. 
" by Inspector, sec. 54, p. 23. 
" mode of conducting, rem. 94, pp. 40-6. . 
See Certificate and Teacher. 
Executions against districts, how served, sec. 69, p. 27. 
Exemption of poor from rate-bills, &c., sees. 59, 61, pp. 24, 25. 
of propei'ty from distress, form 152 ; note pp. 82-4. 
of school house from execution, sec. 69, p. 27. 
" taxation, digest, p. 431. 

Exeter, special acts repealed, sec. 81, p. 32. 

Factories, act relative to minors employed in, acts of January 1853 and 
1854, pp. 117, 121. 
minors employed in must attend sohool at least three months 
each year, act of January, 1854, p. 121. 
Fines. See Penalty. 

Fire insurance, provision for, sec. 35, p. 17. 
Forfeitures. See Penalty. 

Forms, warrant or certificate of election of school officers, form 137, p. 71. 
oath, and certificate of engagement of, form 138, p. 71. 
teacher's certificate from school committee, form 139, p. 72. 
" from County Inspector, form 140, p. 72. 

annulling teacher's certificate, form 141, p. 72. 
contract with teacher, form 142, p. 73. 
notice of first district meeting, form 143 j p. 74. 
" " annual meeting, form 144, p. 75. 
special meeting, application to trustees for, form 146, p. 75. 
district records, form for beginning, form 146, p. 7G. 
appointing officers, form for, form 147, p. 76. 
vote prescribing mode of notice, form 148, p. 77. 
" to devolve care of school on committee, form 149, p. 78. 
" to build school house, form 150, p. 78. 
" to lay a tax, form 152, p. 81. 



156 INDEX. 

Forms, vote to appoint attorney to sell, form 162, p. 93. 
'" to establish secondary school, form 166, p. 96. 
" of committee to make joint' district, form 167, p. 96. 

tax bill, form of, form 153, p. 84. 

contract, form of, form 151, p. 78. 

treasurer's bond, form of, form 154, p. 85. 

collector's bond, form of, form 155, p. 85. 

warrant to collect tax, form 156, p. 87. 

collector's deed, form 157, p. 87. 

rate-bill for tuition, &c., form 158, p. 89. 

lease to a district, form 159, p. 90. 

power of attorney from distinct, form 160, p. 91. 

deed to a school district, form 161, p. 91. 
" from " form 163, p. 93. 

order for money, form 164, p. 95. 

notice of appeal to Commissioner, form 165, p. 95, 

County Inspector's commission, form 169, p. 97. 

district return to school committee, form 170, pp. 98-103. 

rules and regulations for schools, form 171, pp. 104-116. 

prayers for opening and closing schools, pp. 135-139. 

libraries, &c., voluntarily incorporated, rem. 135, p. u7. 
" regulations for, form 136, p. 68. 

town treasurer's certificate to obtain school money, rem. 84, p. 34. 
Fuel, how provided, sec. 59, p. 24. 
Fund, permanent school fund, constitution, art. 12, p. 7. 

deposite fund of U. S. surplus revenue, act of Oct., 1836. 

General Treasurer to pay orders of Commissioner, sec. 2, p. 9 ; act of 
January, 1854, p. 119-20. 
to invest monies forfeited, sec. 6. p. 11. 
to pay to Treasurer of Charlestown money for the 

Indian school, sec. 74, p. 29. 
to pay orders for Teachers' Institutes, sec. 58, p. 23. 
to pay orders for Normal School, act of May, 1854, 

p. 122. 
to pay orders for Lectures, act of Jan. 1854, sec. 4, 
p. 120. 
Glocester, special acts repealed, sec. 81, p. 32. 
Governor to appoint Commissioner of Public Schools, sec. 1, p. 9. 

" committee to supervise Indian school, sec. 74, p. 29. 

may aid poor insane, rem. 134, p. 67. 
Gradation of schools permitted by towns, sec. 5, p. 10. 

districts may establish graded schools, sec, 56, p. 23 ; rem, 
103, p. 51. 



INDEX. 



157 



Gradation, two dtstriets may unite for, sec. 50, p. 21. 

school committee may recommend, but cannot compel, dees. 11, 
p. 129. 

History of school legislation in Rhode Island, rem. 92, p. 38. 
HoPKiNTON, special acts repealed, sec. 81, p. 32. 

Idiots, provision for educating, sec. 73, p. 29 ; rem. 134, p. 67- 
Incorporations, voluntary, sec. 75, p. 30 ; rem. 135 p. 67. 
Indians in Charlestown, school for, sec. 74, p. 29. 

teacher to be examined, sec. 74, p. 29. 

not reckoned in appropriating, sec. 74, p. 29. 
Institute, teachers', to be held by Commissioner, sec. 58, p. 23. 
Instruction, moral remarks on, pp. 133-4. 
Insurance against fire, sec. 35, p. 17. 

Jamestown, wardens may engage officers, sec. 62, p. 25. 
Johnston, special act repealed, sec. 81, p. 32. 
Joint Districts, sees. 50, 51, 52, pp., 21, 22. See Districts, joint. 
Judge may engage ofiicers, sec. 62, p. 25. 

of Supreme Court may decide appeals, sec. 65, p. 26. 
Judgment against district, how enforced, sec. 69, p. 27. 
Justice of Peace may engage ofiicers, sec. 62, p. 25. 

may administer poor debtor's oath, sec. 61, p. 25. 

Lease of lot to school district, form 160, p. 91. 

Lectures, appropriation for, act of January, 185^, sec. 4, p. 120. 

Lot for school house must be legally acquired, decs. 8, p. 128. 

Legal proceedings, sees. 30, 65, pp. 10, 26. 

Library may be provided for schools by town, sec. 5, p. 10. 

" " " by district, sec. 34, p. 17. 

association may incorporate itself, sec. 75, p. 30 ; forms 135, 136, 
pp. 67, 68. 
" meetings and quorum of, sec. 78, p. 31. 
Little Compton, special acts repealed, sec. 81, p. 32. 

when elect its school committee, act of ^Jan. '53, p. 119. 
Local acts repealed, sec. 81, p. 32. 
Location' of school houses to be made by school committee, sec. 13, p. 12 ; 

rem. 93, p. 39. 
Location of school house, rem. 93, p. 39. 
Lord's Prayer, p. 136. 

remarks on, p. 134. 

Maps, &c., rem. Ill, 130, pp. 55, 63. . 



158 lisfDEx. 

Maps, &c., district may purchase, sec. 35, p. 17 ; rem. Ill, p. 55. 
Meetings of school committee, when, sec. 11, p. 12. 

" quorum of, sec. 11, p. 12. 

" special, rem. 87, 1Q.J3, pp. 35, 53. 

" mode of calling, decs. 7. p. 128. 

of districts, when, see. 26, p. 16. 

" quorum of, rem. 118, p. 57. 

" special, how called, sec. 27, p. 16. 

" " form for, form 145, p, 75. 

" " committee may call, sec. 27, p. 16 ; sec. 25, 

p. 15. 
" where held, sec. 28, p. 16. 

See Notice and Districts, 
of joint districts, how called, &c., sec. 78, p. 31. 
Misconduct, scholars expelled for, sec. 17, p. 13. 

of school officers, how punished, sec. 64, p. 26. 
Moderator elected for each meeting, sec. 31, p. 17. 
need not be engaged, sec. 62, p. 25. 
penalty for violating laws, sec. 64, p. 26. 
Money of State, how apportionedto towns, sec. 2,p. 9 ; act of Jan. '54, p. 119. 
" on what conditions, sees. 2, 6, 22, pp. 9, 11, 15. 

" ■ how apportioned to districts, sees. 20, 52, pp. 14, 22 ; 

rem. 98, p. 50. 
" on what conditions, sec. 21, p. 14. 

Money of Towns, how apportioned, sec. 20, p. 14; decs. 21, p. 131. 

form of certificate of towns raising their proportion, rem. 84, p. 34. 
" committee's order for, form 164, p. 95. 
Morning Prayer, forms of, pp. 136-139, 
Moral Instruction, remarks on, pp. 133-4. 

Narragansett Indians, sec. 74, p. 29. 

Newport school fund, acts of May, 1827, June, 1828 & 1830. 
NewShoreham, wardens may engage officers, sec. 62, p. 25. 
New Testament. See Bible. 

Normal School established, act of May, 1854, p. 122. ' 
North Providence, special acts repealed, sec. 81, p. 32. 
Notary Public may engage officers, sec. 62, p. 25. 

Notice of special meeting of school committee, rems. 87, 106, pp. 35, 53; 
decs. 7, p. 128. 

of district meeting for organization, sec. 25, p. 15 ; form 143, p. 74. 

mode of may be prescribed by district, sec. 30, p. 16. 
" when called by committee, sec. 30, p. 16. 

how signed in all cases, sec. 10, p. 12. 

when dispensed with, sec. 30, p. 16. 



INDEX. 



159 



"Notice, remarks on, rem. 123, pp. 59-60. 
evidence of, sec. 72, p. 29. 
time of, decs. 1, p. 127. 
Oath. See Engagement. 
Officers to be engaged, sec. 62, p. 25. 

who may be elected, rem. 113, p. 56. 
to hold oflBce till others are appointed, sec. 63, p. 26. 
penalty for violating lavp;, sec. 64, p. 26. 
when protected from coats, sec. 67, p. 27. 
Orders for teachers' wages, form of, form 164, p. 95. 
may be given to teachers, sec. 21, p. 14. 
must not be given until services are performed, sec. 21, p. 14. 
cannot be given to teachers without certificates, decs. 17, p. 130; 

circular, p. 145-6. 
on General Treasurer, how procured, sec. 6, p. 11 ; rem. 84, p. 34. 
by whom signed, sec. 10, p. 12. 
Organization of school committee, sees. 10, 62, pp. 12, 25 ; rem. 85, p. 35. 
districts may organize at anytime, sec. 25, p. 15 ; rem. 114, 

p. 56. 
See Districts. 

S^ENALTY for disturbing school, rem. 132, p. 66 ; digest, p. 395. 
for misappropriating money, sec. 64, p. 26. 
for not delivering copies, sec. 64, p. 26. 
for not taking engagement, sec. 62. p. 25. 
how collected, sec. 64, p. 26. 
Commissioner may remit, sec. 4, p. 10. 
Poor persons may be relieved from tax, and how, sec. 61, p. 25. 
" should be exempted from assessment, sec. 59, p. 24. 
deaf, dumb, blind and idiotic, sec. 73, p. 29. 
insane assisted from treasury, rem. 134, p. 67. 
scholars cannot be excluded from school, sec. 60, p. 24. 
" supplied with books by district, sec. 41, p. 19. 
Portsmouth, when may choose school committee, act of January, 1853, 

p. 119. 
'Power of Attorney, form 160, p. 91. 
Plans of school house, rem. 93, p. 39. 
Prayer in, schools, pp. 135-9. 

Process against districts, how served, sees. 69, 70, pp. 27-8. 
Providence, schools of, how regulated, sec. 80, p. 31. 

Pteform School, acts of January and October, 1850. 
Prudence Island may have two schools, decs. 16, p. 130. 
Punishment for disturbing school, sec. 17, p. 13 ; rem. 132, p. 66. 
power of teachers to punish, rem. 131, p. 65-6. 



160 II^DEX. 

Qualifications of teachers, sec. 55, p. 23. 

See Examination and Teachers, 
of voters, sec. 32, p. 17 ; decs. 5, 9, pp. 127, 8.- 
See Voters. 

any voter may be elected to office, rem. 113, p. 56. 
Quorum of school committee, sec. 11, p. 12. 
of district meeting, rem. 118, p. 57. 
of library corporations, sec. 78, p. 31. 
Eate-Bills for tuition, fuel, &c., sec. 59, p. 24. 
form of, form 158, p.. 89. 
amount of, limited, sec. 59, p. 24. 
when raised by trustees without vote, sec. 59, p. 24. 
must be approved by committee, sec, 59, p. 24. 
how collected, sees. 42, 59, pp. 19, 24; form 152, p. 81. 
may be placed in handsof town collector, sees. 37, 59, pp. 18, 24.. 
trustees to make and issue warrants, sec. 42, p. 19. 
poor exempt from, sec. 59, p. 24, 
" how to take poor debtor's oath, sec. 61, p.. 25., 
Seconsiberation of vote, when allowed, sec. 46, p. 20 ; rem. 119, p. 58. 
Records of district boundaries and a,lterations, kept by town clerk, sec. 24.,,. 
p. 15. 
of school committee, rem. 104, p. 52. 
of districts, rem. 123, p. 59. 
clerk to record names of voters, sec. 32, p. 17. 
" to procure record book, sec. 72, p. 29. 
to be read in open meeting, rem. 123, p., 59. / 

evidence of notice of meeting, sec 72, p. 29. 

" of engagement, sec. 62, p. 25. 
forms of, forms 146, 147, p. 76. 
Eeform School of Providence. See acts of January and October, 1850. 
Refusal to serve as ofiScer, sees.. 18, 37, pp. 13, 18. 
Eegister of attendance to be kept, sec. 57, p. 23 ; rem. 127, p. 61. 
Registry tax divided by town or committee, sec. 20, p. 14; decs. 21, p. 131 
■Regulations for schools, made by committee, sec. 16, p. 13.-; rem. 97, p. 50. 
" forms of, form 171, pp. 104-16. 
for appeals to commissioner, sees. 4, 65, pp. 10, 26 ; form 

165, p.. 95. 
violations of by scholars, sec. 17, p. 13. 
Religious meetings in school houses, rem. 121, p. 58 ; decs. 18, p. 130.. 

opinion of teacher, rem. 94, p. 41. 
Removal from office or districts, sees. 18, 37, pp. 13, 18. 
Repairs may be made by tax, sec 35, p. 17. 

approved by committee or commissioner, sec. 35, p. 17- 
reasons for restriction, rem.. 93, p. 39. 



INDEX. 161 

Report of Commissioner to Legislature, sec. 4, p. 10. 

of committee to commissioner, sec. 22, p. 15 ; act of May, 1855, 
p. 126. 

" to town, sec. 22, p. 15. 

" may print, sec. 22, p. 15. 

of trustees to committee, sec. 43, p. 19 ; rem. 99, 112, pp. 5l, 55. 
" form for, form 170, pp. 98-103. 

" forms prescribed by commissioner, sees. 4, 22, 43, pp. 
10, 15, 19. 
importance of having full reports, rem 99, p. 51 ; note to form 
170, p. ^8. 
Eepeal, what former laws repealed, sec. 81, p. 32. ♦ 

Rescinding a vote, when allowable, rem. 119, p. 58. 

an election not allowable, decs. 19, p. 131. 
Resignation need not be in writing, rem. 115, p. 57. 
Resolution to print school law, act of May, 1855, p. 126. 
Returns of trustees to committee, sec, 43, p. 19. 

of committee to commissioners, sec. 22, p. 15. 
Rules. See Regulations. 

School House, swine not to be kept within one hundred feet of, act of 
June, 1854, p. 122. 
exempt from taxation, digest, p. 431. 
plan to be approved by committee or commissioner, sec. 35, 

p. 17; rem. 93, p. 39. 
use of, for religious or other meetings, rem. 121, p. 58 ; 

decs, 18, p. 130. 
may be built by tax, sec. 5, p. 10. 

power of district to build, sec. 35, p. 17 ; rem. 120, p. 58. 
to be located by committee, sec. 13, p. 12 ; rem. 93, p. 39. 
form of vote to build, form ISO, p. 78. 
form of contract to build, form 151, pp. 78-9. 
form of power of attorney to contract, form 160, p. 91.. 
exempt from sale on execution, sec. 69, p. 27- 
may be insured against fire, sec. 35, p. 17- 
School Books. See Books. 

Committee. See Committee. 
Districts. See Districts. 
Libraries. See Libraries.. 
Fund. See Constitution, art 12, p. 7. 
" deposite, act of October, 1836. 
Schools kept in house approved by committee, sec. 21, p. 14. 
when kept by committee, sec. 38, p. 18. 
disturbance of, how punished, sec. 17, p. 13 ; rem. 132, p. 66.. 



162 INDEX. 

Schools, scholars may be expelled from, sec. 17, p. ,13. 

regulations for, made by committee, sec. 16, p. 13. 

how long to be kept, sec. 21, p. 14 ; rem. 107, p. 54, 

register of attendance in, sec. 57, p. 23 ; rem. 127, p. 61. 

if not districted, committee to regulate, sees. 15, 69 ; pp. M, 24. 

visitation of, rem. 95, pp. 46-9. 

superintendent of, may be chosen, sec. 7, p. 11. 

" " form of instructions for, pp. 139-42. 
Scholars may be suspended or expelled by Committee, see. 17, p. 13. 
teacher may suspend in cases, rem. 128, p. 62. 
how punished for disturbance, rem. 132, p. 66. 
p'oor cannot be excluded from school, sec. 60, p. 24. 

" how supplied with books, sec. 41, p. 19. 
over fifteen not excluded, sec. 60, p. 24. 
age of attendance of, regulated by committee, sec. 16, p. 13. 
SEAL^of district, form 168, p. 97- 
Secondary schools, sec. 50, p. 21. 
Senator may engage officers, sec. 62, p. 25. 
Studies. See Books. 

SuB-CoMiiiTTEE may be appointed to examine, &c., sees. 14, 54, pp. 13, 23,. 
Suits at law, districts may prosecute, sec. 34, p. 17. 
proceedings in, sees. .67-71 ; pp. 27-9. 
Superintendent of schools appointed by town or committee, sec. 7, p. 11. 

" in Bristol, rules for, pp. 139-43. 

Suprejie Court, judge of may approve commissioner's decision, sec. 65, p. 26. 

T.\x, towns may tax for schools, libraries and school houses, sees. 5, 6, pp. 
10,11. See Towns, 
for what districts may tax, sec. 36, p. 17 ; rem. 120, p. 58. 
who may vote tax, sec. 32, p. 17 ; decs. 5, p. 127. 
to be levied according to town assessment, sec. 45, p. 19. 
assessment of, made by trustees, sec. 42, p. 19. 
and mast be approved by committee, sees. 35-6, p. 17. 
trustee must issue warrant to collect, sec. 42, p. 19. 
form of warrant, form 156, p. 87. 
town collector may collect in cases, sees. 37, 39, p. 18. 
collected as town taxes, sec. 37, p. 18. 
in joint districts, how approved, sec. 52, p. 22. 
town assessors to assess in cases, sec. 45, p. 19. 

" " notice for ten days, sec. 45, p. 19. 

collector and treasurer need not give bond, sec. 37, p. 18. 
form of collector's bond, rem. 125, p. 61 ; form 155, p. 85. 
vote to lay tax, form of, form 15.2, p. 81. 
.fiommissioner to collect in cases, sec. 46, p. 20. 



INDEX. 



163 



Tax, errors in assessing, how corrected, sec. 47, p. 20. 

if not appealed from, cannot be questioned in court, sec. 66, p. 27. 
summary of statute law for collecting, form 152 and note, pp. 81-4. 

and note to, form 157, p. 89. 
may be abated in cases, sec. 48, p. 20. 
in suit against district officer, sec. 67, p. 27. 
Teacher, qualifications of, sec. 55, p. 23 ; rem. 126, p. 61. 

by whom examined, sees. 14, 54, pp. 12, 23 ; rem. 94, pp. 40-5. 
employed by trustees, sec. 40, p. 18 ; rem. 107, pp. '53-4. 

" by committee in case, sec. 38, p. 18. 
form of certificate for, forms 139, 140, p. 72. 
maybe dismissed by committee, sec. 56, p. 23. 
certificate may be annulled, sec. 54, p. 23. 
to keep register and make returns, sec. 57, p. 23. 
full returns and reports, remarks on note to 170, p. 98. 
form of contract with trustees, form 142, p. 73. 
duties ot, remarks on, rem. 126, p. 61. 
should attend teachers' meetings, rem. 127, p. 61. 
may suspend scholars, when, rem. 128, p. 62. 
power to punish scholars for acts done out of school, rem. 131, 

p. 63. 
law in relation to disturbing schools, rem. 132, p. 66. 
should inform committee when school begins, rem. 126, p. 61 ; 

circular, p. 145. 
should see that scholars have proper books, sec. 41, p. 19. 
of Indian school to be examined, sec. 74, p. 29. 
without a certificate, cannot be paid out of the public money, 
decs. 17, p. 130. 
Techers' money, what, sec. 20, p. 14. 

Institutes to be held by commissioner, sec. 58, pp. 23-4. 
Towns to raise money, how much, sec. 6, p. 11. 
" at what time, sec. 6, p. 11.. 

may establish libraries, sec. 5, p. 10. 
may support schools, sec. 5, p. 10. 
may build houses by town tax, sec. 5, p. 10. 
to choose a school committee, sec. 8, p. 11. 
may direct as to division of their money, sec. 20, p. 14. 
may appoint superintendent of schools, sec. 7, p. 11. 
when not to be districted, sec. 12, p. 12. 
Town Collector, when employed to collect tax or rate, sees. 37, 59, pp. 
18, 24. 
Clerk to record district boundaries, &c., sec. 24, p. 15. 
" to distribute blanks, sec. 24, p. 15. 
" form of certificate of election, form 137, p. 71. 



164 rPTDEx, 

Town Clerk may engage all officers, sec. 62, p. 25. 

Treasurer to keep account of school monies, sec. 23, p. 15. 

" to furnish his account to school committee, sec. 23, p. 15. 
" to receive money from State, sec. 23, p. 15 ; rem. 84, p. 

34. . 
" form of certificate to obtain it, rem. 84, p. 34. 
" to pay it only to order of committee, sees. 6, 23, pp. 11, 15. 
" form of committee's order, form 164, p. 95. 
'.' penalty for misappropriating, sec. 64, p. 26. 
" of Charlestown receives money for Indian school, see. 74, 
p. 29. 
Council may choose committee in case, rems. 85, 86, p. 35. 
'' may fill vacancies in school committee, rem. 86, p. 35. 
" may engage officers, sec. 62, p. 25. 
Treasurer of State. See General Treasurer, 
of Town. See Town Treasurer, 
of District elected at any meeting, sec. 37, p. 18. 
" an elector, rem. 113, p. 56. 
" should be engaged, see. 62, p. 25. 
" holds till successor chosen, sec. 63, p. 26. 
" need not give bond, sec. 37, p. 18. 
i' form of bond, rem. 124, p. 60; form 154, p. 85. 
" to pay money received to trustees, sec. 21. p. 14, 
Trustees, one or three may be elected, sec. 37, p. 13. 
when elected, sees. 26, 37, pp. 16, 18. 
must be electors, rem. 113, p. 56. 
hold till successors chosen, sec. 63, p. 26. 
should be engaged, sec. 62, p. 25. 
form of engagement, form 138, p. 71. 
receive no pay unless, sec. 44, p. 19. 
vacancy, how filled, sec. 37, p. 18. 
if three, majority can act, rem. 106, p. 53. 
meetings of, how called, rem. 106, p. 53. 
duties of, remarks on, rem. 107, p. 53. 
to emjjloy no one unless examined, sec. 54, p. 23 ; rem. 107, p. 53 ; 

circular, pp. 145-6. 
must keep a school at least four months, sec. 21, p. 14; rem. 

107, p. 54. 
neglecting to keep school, committee may, sec. 38, p. 18. 
' form of contract with teacher, form 142, p. 73. 

to make returns to committee, sec. 43, p. 19 ; rem. 99, 112, 

pp. 51, 55. 
may require teacher to prepare them, sec. 57, p. 23. 
form of returns, form 170, p. 98. 



mm^. IBS 

rRtJSTEEs' returns should be full, note to form 170, p. 98. 

to certify to right use of teachers' money, sec. 21^ p. 14. 

to keep an inventory of property, rem. Ill, p. 55. 

to have custody of school house unless, sees. 38, 40, p. 18. 

to notify committee when school begins, sec. 40, p. 18* circular, 

pp. 145-146-. 
duty to visit schools, sec. 40, p. 18. 

may let scholars from other districts attend, sec. 53, p. 22. 
should exempt poor from taxes, sec. 59, p. 24 ; rem. 117, p. 57. 
should supply poor scholars with books, sec. 41, p. 19. 
should encourage teachers to attend institutes, &c. , rem. 110, p. 55- 
to notify district meetings, and how, sees. 29, 30, p. 16; rem- 

107, p. 54. 
if refuse, committee may notify, sec. 27, p. 16. 
when collect rate-bill without vote, sec. 59, p. 24. 
to make rate-bills and assess taxes, sec. A2, p. 19* 
all taxes approved by committee, sec. 59, p. 24. 
to issue warrants to collect, sec, 42, p. 19. 
form of warrant, form 156, p. 87. 
need not give notice of assessing tax, sec* 45, p. 19* 
when to call in town assessors, sec. 45, p, 19. 
town assessors to give ten days' notice, sec* 45, p. 19. • 
to deliver papers to successors, sec. 64, p. 26. 
penalty for neglect of duty, sec. 64, p, 26 ; rem. 109, p, 54. 

Union of two districts, sees. 49-51, pp. 20-2 ; rem. 122, p. 59. 
districts united own all property, sec. 49, p. 20. 

" altered, property apportioned, sec* 49, p. 20. 
provision for union, sees. 50-2, pp. 21-^2 ; rem. 122, p. 59. 
may be dissolved, decs. 23, p. 132. 

Vacancy in committee, how filled, sec. 18, p. 15 ; rem. 86, p. 35, 

in trustees and district officers, sec. 37, p. 18 ; rem. 105, p. 53. 
Visiting schools duty of (/'ommissioner, sec, 3, p. 9. 

" duty of County Inspectors, sec. 4j p. 10. 
" duty of School Committee, sec, 15. p. 13, 
" duty of Trustees, sec. 40, p. 18, 

subjects of inquiry in, rem* 95, p. 46. 
Committee may employ one to, sec. 14, p. 13. 
when County Inspectors may charge for, rule 5, p. 144; 
Voluntary Incorporations of libraries, sec. 75, p. 30; rem. 135, p. 67. 

" of academies, sec. 75, p. 30 ; rem. 135, p. 67- 

" form for, form 136, p. 68. 



166 INDEX. 

Vote of a district, when can be rescinded, rem. 119, p. 58, 
form of, form 146, p. 76. 
prescribing mode of notice, form 148, p. 77. 
to build or repair school house, form 150, p. 78. 
to lay taxes, form 152, p. 81. 
final, if not appealed from, sec. 66, p. 27. 
to devolve care of school on committee, sec. 38, p. 18 t 

form 149, p. 78. 
to appoint attorney to sign deed, form 162, p. 93. 
" " to take lease, form 160, p. 91. 

" " to execute contract, form 150, p. 78. 

to adopt a seal, form 168, p. 97. 

to form secondary district, sec. 50, p. 21 ; form 166, 
p. 96, 
Votes of a district to be :"ecorded, sec. 32, p. 17 ; rem. 116, p. 57. 
Voters, vrho are, sec. 32, p. 17 ; rem. 113, p. 56 ;. decs. 5, 9, p. 127-8. 
vfho can vote on taxes, sec. 32, p. 17 ; decs. 5, p. 127. 
registry voters vote on division of district, decs. 9, p. 128. 
lawful vote rejected, may appeal, rem. 116, p. 57. 
qualified electors may be officers, rem. 113, p. 56. 

Warden in Jamestov^n, New Shoreham, may engage officers, sec. 62, p. 25, 
Warrant of election of committee, form 137, p. 71. 

" of district officers, form 137, p. 71. 

for collecting taxes issued by trustees, sec. 42, p. 19 ; form l56, 

p. 87. 
for enforcing judgment against district, sees. 46, 69, pp. 20, 
27, 28. 
West Greenwich, act relating to Nos. 3 and 11, act of Oct., 1854, p. 124. 
Westerly, resolution relative to No. 1, act of June, 1854, p. 123. 
Witnesses, inhabitants of a district may be, sec. 71, p. 28. 
Writs against a district, how served, sec. 70, p. 28. 



,|}r,JBRARY OF CONGRESS 



020 312 308 5 



